Losing a loved one is always emotional, painful, and disruptive to your life, sometimes financially. A sudden death in a car accident caused by a negligent driver is likely to be even more disturbing and challenging financially, and it is often more emotionally hurtful and difficult to process. By filing a wrongful death claim, you can get justice for your loved one, as well as compensation for yourself and your family to help you through this difficult time. The Law Offices of Marc L. Shapiro, P.A., is here to help you when a negligent driver has taken the life of a close relative in a Fort Myers car accident. Learn about Florida’s wrongful death laws below, and contact experienced Fort Myers wrongful death attorneys at The Law Offices of Marc L. Shapiro, P.A. for assistance.
Who can bring a claim for wrongful death in Florida?
The personal representative of the estate is the person who brings a wrongful death lawsuit against the negligent driver who caused the death. Some damages are recoverable by the estate itself, while other costs are recoverable by individual family members authorized to join in the claim. These family members include:
- A surviving spouse
- Children of the deceased
- The deceased’s parents
- Other blood relatives or adoptive siblings who depended on the deceased, in whole or part, for services or support
What kinds of damages can family members recover for wrongful death?
The family members mentioned above can recover the following monetary damages in a wrongful death claim:
- Any medical or funeral expenses the family member paid
- The loss of companionship and protection of a spouse
- The loss of companionship, instruction and guidance of a parent to a minor child
- The loss of companionship, instruction and guidance of a parent to an adult child, when the deceased did not leave a surviving spouse
- A spouse’s mental pain and suffering
- A minor child’s mental pain and suffering
- An adult child’s mental pain and suffering, when there aren’t any other surviving family members
In addition to family members recovering damages personally, they can also recover through the estate of the deceased. The estate can recover the following damages:
- Any medical or funeral expenses the estate paid or which are charged to the estate
- Lost earnings between the date of the injury and death
- Lost prospective net accumulations in some instances
Is wrongful death harder to prove than personal injury?
In many ways, a wrongful death claim can be more challenging than a personal injury claim. Often, the deceased may have died at the scene and not had an opportunity to describe how the accident happened, leaving the negligent driver as the sole witness to the crash. This means we might have to rely more heavily on any physical evidence recovered from the accident, along with accident reconstruction experts who can testify as to how the crash likely occurred. Other experts may be necessary as well, such as economists and financial professionals who can calculate the lost earnings and value of lost services caused by the death. At The Law Offices of Marc L. Shapiro, P.A., we are committed to doing what it takes to achieving justice in your wrongful death case.
Help is Available After Fatal Accidents in Fort Myers
You can count on the Fort Myers wrongful death attorneys at The Law Offices of Marc L. Shapiro, P.A., to approach your case with sensitivity, compassion, and a strong desire for justice in your case. We’ll apply all our skills and experience toward holding responsible parties accountable for the harm they have inflicted and making sure you and your family receive the financial assistance you need to deal with the tragedy that has been inflicted on you.
