Fort Myers
Wrongful Death Lawyer

Florida law defines wrongful death as “the death of a person … caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including breaches that occur on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.”

Wrongful death may include:

• Deaths that were the result of accidents caused by the negligence of other individuals, such as motor vehicle accidents or premises liability accidents in which a company neglected to improve a dangerous feature on its property or post warning signs. Other types of negligence-caused accidents that may produce a wrongful death include medical errors, such as birth injuries, surgical errors, misdiagnosis, or medication errors, and product liability accidents, where the manufacturer or distributor fails to ensure that a product is safe for consumer use.
• Deaths caused by intentional acts, such as assault.
• Deaths that occur during the commission of a crime. An example of this might be a bank robber who caused a motor vehicle accident while attempting to flee from police.

Some of the types of accidents that may result in a wrongful death include:

• Motor vehicle accidents, including those that involve cars, commercial trucks, motorcycles, aircraft, watercraft, pedestrians, and bicycles
• Nursing home abuse or negligence that results in death
• Medical malpractice
• Premises liability
• Product liability

A wrongful death lawsuit is a civil legal action filed on behalf of the decedent’s family or estate seeking compensation for damages caused by or connected with the death.

How is liability proven in a wrongful death case?

To establish a defendant’s liability for the decedent’s death, lawyers in Florida generally (though not necessarily always) need to prove:

• The defendant owed the deceased a duty of care. This duty depends on the circumstances that led to the death. For example, if the death was the result of a car accident, the duty of care that the defendant owed the deceased would have been to operate the motor vehicle safely and legally.
• The defendant breached the duty of care. The defendant’s behavior that caused the accident generally constitutes the breach. Continuing with the car accident example, the breach may have been speeding, driving drunk, or whatever behavior the defendant exhibited that caused the accident.
• The breach caused the accident, which resulted in the death and damages that the family now has the right to claim.

Those who can recover damages through a wrongful death lawsuit include:

• The deceased’s spouse
• The deceased’s children
• The deceased’s parents
• Any blood or adoptive relative that is wholly or partly dependent on the deceased for support
• The deceased’s estate

Generally, no. Florida law states that in cases involving unmarried parents, the child can recover damages if his or her mother dies. However, if the father dies, the child may only obtain compensation if the father formally recognized the child as his and was obligated to financially support the child. A wrongful death lawyer can, however, analyze your situation to determine whether you have a good case for seeking compensation.

Some of the damages you may recover in a wrongful death lawsuit include:

• Medical expenses incurred during treatment of the deceased’s final injury
• Funeral expenses
• The loss of support and services that the deceased provided to a family member
• Loss of companionship, guidance, and protection that was provided by the deceased individual
• The mental pain and suffering due to the loss of a child

The decedent’s estate may recover the following expenses:

• Lost wages, benefits, and other earnings from the date of the deceased’s final injury until the date of death
• Loss of future earnings that the deceased could have been reasonably expected to receive had he/she lived
• Medical expenses and funeral costs that were paid directly by the estate

No. Florida’s wrongful death law does not allow the filing of a wrongful death lawsuit due to the death of a fetus. However, you may be eligible to file a personal injury lawsuit and obtain compensation for your loss through that action. An experienced attorney can advise you on this matter.

Yes. An arrest is part of the criminal process handled by local governments. Criminal cases seek to punish individuals for breaking laws by charging them with crimes and seeking convictions and punishment. Wrongful death actions are a civil matter, filed in civil court to prove through a preponderance of the evidence that the at-fault party is liable for the plaintiff’s damages. These are two entirely different legal actions, with different outcomes, and one may occur without impacting the ability to pursue the other.

Florida personal injury protection (PIP) policies are required when drivers register their vehicles in the state. If your loved one died due to a car accident, the policy will provide a $5,000 death benefit regardless of who was at fault in the accident. While this is certainly useful, it is not a lot of money, particularly if your loved one required extensive medical treatment before death, or the family incurred extraordinary losses. A wrongful death lawsuit allows you to pursue an amount of compensation that is based on the entirety of the damages you’ve suffered.

Unfortunately, no. Wrongful death lawsuits are only permitted to be filed on behalf of the spouse, children, parents, and other relatives who financially depended on the decedent.

Generally, you have two years from the date of the death to file a wrongful death claim. DO NOT WAIT two years before contacting a lawyer, however. Your case depends on evidence, witness testimony, and many other things that can vanish or fade with time. Call us as soon as possible if you believe a loved one died in a wrongful death case.

Accidental deaths in the workplace are generally covered by death benefits through the decedent’s employer’s workers’ compensation insurance. However, some circumstances warrant a wrongful death claim, such as where:

• The employer did not provide workers’ compensation insurance for employees.
• A third party who was not a coworker or an employer caused the death.
• An intentional act for which the employer had no liability, such as workplace violence, caused the death.

Yes. In fact—as is the situation with most civil actions—the majority of wrongful death cases settle out of court. A wrongful death attorney typically works to achieve a fair settlement on his or her client’s behalf. Cases usually only end up in courts in front of judges and juries when the parties cannot achieve a settlement.

Every case is unique, and most settlements are confidential between the parties, which makes it difficult to come up with a meaningfully accurate or useful average figure.

The financial outcome of a wrongful death case depends on a variety of factors, including:

• The age of the deceased at death
• The overall health of the deceased before his or her final injury
• The life expectancy of the deceased before his or her final injury
• The earning capacity of the deceased
• The number of dependents the deceased had
• The expenses incurred in medically treating the deceased in an attempt to save his or her life
• Egregious behavior on the part of the at-fault party that could result in punitive damages
• How much insurance the at-fault party has available to compensate you
• The strength of the case for proving liability

Never agree to a settlement without speaking to an experienced wrongful death attorney first. The reason for this is that insurance companies will always attempt to minimize their losses. One of the ways in which they do this is by offering quick settlements that don’t take into consideration the complete picture of the losses that you’ve incurred. If you accept the settlement and then later realize that the compensation wasn’t enough to cover your expenses, you likely cannot go back and ask for more money.

An experienced wrongful death attorney knows how to evaluate a case to determine the amount of money the grieving family of a deceased victim deserves to receive. Families should always speak with an attorney before considering any offer from an insurance company.

To start, not all cases settle. A settlement is an agreement to give up legal rights in exchange for financial compensation. As we said above, lawyers virtually always try to negotiate fair and reasonable settlements on their clients’ behalf, but that does not always mean a settlement will happen. Some cases only get resolved through a trial before a judge and jury.

Even if your case does end in settlement, the amount of time it takes to get to a deal can vary widely. We have represented clients in wrongful death matters that were resolved in months, and we have had cases settle only after more than a year of legal battling. Speak with an experienced wrongful death attorney to get a sense of the prospects of a settlement in your wrongful death matter.

According to the IRS, wrongful death settlements and awards for compensatory damages are not generally taxed, except for punitive damage awards in some circumstances and awards for lost wages and benefits that would have been included as income.

Having an experienced wrongful death attorney help you after the tragic death of a loved one is absolutely crucial. Some of the services that an attorney can usually provide for in a wrongful death matter include:

• Information and guidance regarding the legal process involved with a wrongful death case
• Identification of all potentially-liable parties and evaluation of the financial resources those parties have to compensate you and your family
• Evaluation of a wrongful death claim to determine an accurate amount of damages that your family has suffered
• Skilled negotiation in the attempt to obtain a fair settlement of your case
• Timely filing of legal pleadings and other litigation documents
• Attendance and representation at all hearings, conferences, and trials
• Collection of evidence and deposing of witnesses to prove your claim
• Efforts to collect a settlement or award
• Continued representation if the defendant in your case chooses to appeal the verdict

The experienced attorneys at Viles & Beckman understand that this is a difficult time for you and your family, filled with a lot of questions. We can help answer those questions. Contact us for an evaluation of your case.