Fort Myers Wrongful Death Lawyers

Accidents are the fourth leading cause of death in Florida, according to the CDC. These include car and motorcycle crashes, slip and fall incidents, drownings, and defective product injuries. When these tragic events result in the loss of a loved one, Fort Myers wrongful death lawyers at Dennis Hernandez Injury Attorneys are here to help surviving families pursue justice.

Losing a loved one suddenly to an accident injury is always devastating. Coming to terms with the loss can be even harder when someone else’s negligence or wrongful conduct caused the death. You may be left with painful questions—why your loved one had to die and how you’ll manage without them.

You cannot undo the loss of your loved one, but you can pursue justice by holding the negligent party accountable. Filing a wrongful death claim allows you to seek compensation for your emotional and financial losses. After learning about your situation, an experienced Fort Myers wrongful death lawyer can provide clear, honest advice to guide your next steps.

The skilled attorneys at Dennis Hernandez Injury Attorneys have helped many Florida families seek justice after a tragic loss. We remain committed to holding negligent parties fully accountable for their actions. Our team will assess all the compensation you may be entitled to and guide you through each step of the legal process. During this difficult time, we’ll stand by your side and work tirelessly to protect your best interests.

Understanding What Constitutes Wrongful Death under Florida Law

Was It Wrongful Death?

Section 768.19 of the Florida Wrongful Death Act defines wrongful death as the death of a person caused by someone else’s wrongful act, negligence, default, or breach of contract or warranty. Under this law, any accident resulting in death due to negligent or wrongful actions may qualify as a wrongful death.

When a surgeon makes a fatal mistake, a driver causes a deadly crash while impaired, a defective ladder leads to a fatal fall, or a poorly maintained pool results in drowning, the victim’s family may have grounds for a wrongful death lawsuit. These examples show that wrongful deaths can occur in many ways. However, they usually stem from the following causes:

• Car accidents – According to the National Center for Injury Prevention and Control, car accidents are a leading cause of accidental injury deaths in the U.S. When an impaired, distracted, speeding, or otherwise negligent driver causes a fatal accident, they may be held responsible for wrongful death.
• Falls – Falls are another leading cause of injury deaths in the U.S., especially among the elderly.  When a fatal fall occurs because of dangerous conditions on someone’s property or because they were using a defective product, their death may be considered a wrongful death.
• Drownings – Unfortunately, Florida leads the nation in drownings, and young children are especially at risk. When a drowning occurs due to a lack of adequate pool safety measures, the death could be considered a wrongful death.
• Medical errors – According to research from Johns Hopkins, 10% of all U.S. deaths are due to medical errors or medical malpractice. Among these errors are diagnostic errors, surgical errors, and medication errors.
• Workplace accidents – Fatal accidents can occur at any workplace. However, they are especially prevalent among workers in the construction, transportation, and law enforcement industries. When faulty equipment or unsafe conditions cause a fatal accident because someone failed to follow standard safety procedures, the law may classify the fatality as a wrongful death.

Filing a Florida Wrongful Death Claim

Should You File a Wrongful Death Claim?

Pursuing a wrongful death claim may feel overwhelming after losing a loved one. However, the experienced Fort Myers wrongful death attorneys at Dennis Hernandez Injury Attorneys can help you through this difficult time. We guide you through the legal process to protect your rights and help you secure the full compensation you deserve.

The Florida Wrongful Death Act indicates that the decedent’s representative (usually the executor of the estate) is the one who can initiate a wrongful death claim to recover damages (compensation). Both the estate and surviving family members can recover damages in a wrongful death case. The surviving spouse has the first right to compensation, followed by the deceased’s children. If there is no spouse or child, the parents may claim damages. Blood relatives and adoptive siblings who depended on the decedent for support or services may also qualify for compensation.

Proving Negligence in a Florida Wrongful Death Claim

What Do You Need to Prove in a Wrongful Death Claim?

Valid wrongful death claims have to meet the legal standards of proof for negligence. The specific standards differ depending on the type of negligent or wrongful act and the injuries that occurred. However, in all cases, you have to be able to prove that:

• The negligent party or parties had a legal duty to the deceased victim. For example, doctors and other healthcare professionals have a legal duty to provide healthcare services that are of the same standard of quality that a reasonably prudent healthcare provider in the same field of medicine would provide. A property owner has a legal duty to maintain her property in reasonably safe conditions for people visiting the property. Manufacturers have a legal duty to ensure that the products they manufacture are safe when used as intended.
• The negligent party or parties failed to meet their legal duty. A doctor who fails to meet the standard of care expected in their specialty may violate their legal duty. Likewise, a property owner or manager who ignores known hazards and fails to warn visitors can also be held accountable for breaching their duty.
• The negligent party or parties’ failure to meet their legal duty caused fatal injuries. When hazardous conditions on someone’s property cause a person’s death, the property owner or manager is directly responsible. Similarly, if a doctor fails to provide the standard level of care expected in their medical field and a patient dies as a result, that doctor’s negligence directly causes the fatality.

Florida law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. If you miss this deadline, you lose the right to pursue damages and hold the negligent party accountable.

Damages Recoverable with a Florida Wrongful Death Lawsuit

What Compensation Can You Collect with a Wrongful Death Claim?

In Florida, both the deceased victim’s estate and the surviving family members can file a claim for damages. The estate may claim compensation for injuries the victim suffered before death or damages directly related to the death. Ultimately, the estate distributes this compensation to the beneficiaries or legal heirs. These damages may include:

• Lost wages and other earnings, including those the deceased person could reasonably have been expected to make if he or she had lived.
• Lost prospective net accumulations of the estate, or the value of earnings the estate could reasonably have expected if the decedent had lived.
• Medical and funeral expenses that were paid directly by the estate. If your loved one received treatment and survived for some time before passing, the medical costs may be significant. Surgeries, hospital stays, rehab, and other procedures often come with high bills. You have the right to seek compensation for these expenses through a wrongful death claim.
• Pain and anguish suffered by the deceased before death. If your loved one experienced physical pain and emotional anguish because of the injuries and their effects on his life, compensation may be available.

As a survivor, you can pursue additional damages to address the emotional pain caused by your loved one’s death. These damages may include:

• Loss of services. As a survivor, you may receive compensation for the services your loved one would have provided from the time of the injury until their death, and for those they would have provided in the future. These services may include such things as:
• Home maintenance tasks. If your loved one took care of repairs around the house and/or did yard maintenance tasks, you will now have to pay someone to help with those tasks. Compensation for these expenses may be available with a wrongful death suit.
• Home cleaning tasks. If your loved one was the primary home caretaker and cook, you may now need to pay someone to handle all of the typical cleaning and cooking tasks. Compensation for this expense may be possible.
• Childcare. If your loved one cared for your children, you will now have to cover the cost of that care. You may qualify to receive compensation for this new, added expense.
• Eldercare. If your deceased loved one cared for an elderly family member at home, you may now have to pay for that care yourself. In that case, you could be entitled to compensation for the added expense.
• Loss of companionship, support, and advice. As a survivor, you may be able to obtain compensation for the loss of companionship, protection, and support of your loved one. This includes spouses, minor children, and adult children if there is no surviving spouse. Financial compensation can never replace the loved one you’ve lost, but it can ease your burden and help you survive.
• Mental and emotional pain and suffering due to the loss. Courts may award compensation to surviving spouses and minor children for the mental pain and suffering they experience because of the death. Parents may also obtain compensation if the victim was a minor child.

Calculating compensation in a wrongful death lawsuit can be complex, especially when losses don’t have a clear monetary value. An experienced wrongful death attorney can evaluate your damages and fight to protect your best interests.

Help from Experienced Fort Myers Wrongful Death Lawyers

Where Can You Get the Advice You Need on Your Wrongful Death Claim?

If someone’s negligent actions caused your loved one’s death, our wrongful death attorneys want to help you seek justice. At Dennis Hernandez Injury Attorneys, we know how hard life becomes after losing someone close. We’ll help you face the legal and financial challenges and guide you toward the compensation you deserve.

As wrongful death lawyers, we fight to help you achieve justice and recover full and fair compensation for your pain, suffering, and losses. To help you pursue just compensation, we will:

• Ensure that the evidence necessary to prove negligence is gathered, examined, and presented in a timely manner.
• Negotiate vigorously on your behalf with insurance company representatives and defense attorneys.
• Prepare a strong case proving wrongful death and your right to compensation for the financial and emotional impact of your loved one’s death.
• Leverage our extensive successful trial experience to fight for the compensation you deserve.
• Provide personal attention and communication to support you throughout the entire legal process.

Many personal injury lawyers try to settle quickly out of court to avoid going to trial, but not us. We will never back down in our fight for justice.

Call our Fort Myers office at 239.202.0000 or fill in the FREE CASE EVALUATION form on our website to get started on your case.