Frequently Asked Wrongful Death Questions
CAPE CORAL, FORT MYERS, LEE COUNTY, FLORIDA
What is a Wrongful Death claim?
If someone you love died due to neglect of a third party, you can the responsible party to recover damages.
A wrongful death claim consists of four basic elements:
- The defendant caused the death in question
- The defendant was negligent or otherwise liable for the victims death
- There is a spouse, child, or other beneficiary
- Monetary damages were incurred by the beneficiary as a result of the death
Probably the most famous case of a wrongful death claim in recent memory is the O.J. Simpson case. Although acquitted in the criminal court, he was found liable in civil court for the death of his wife and her friend.
Who can sue for Wrongful Death?
The beneficiaries of the deceased can file a claim including, immediate family members such as parents, spouses, and children. Minors may need an adult guardian to vouch for them when taking a wrongful death suit to court. In some cases more distant relations may be eligible to file a suit. Contact a personal injury lawyer, specializing in wrongful death claims to help you file.
What sort of damages can be recovered from a Wrongful Death claim?
Damages that can be recovered in a wrongful death lawsuit include:
- Medical and funeral expenses
- Lost wages
- Lost benefits
- Loss of inheritance
- Pain and suffering of the beneficiaries
- Loss of care and companionship
- General damages
- Punitive damages
When must a Wrongful Death claim be filed?
In Florida, a wrongful death claim must be filed before the statutory deadline. The deadlines are determined by the underlying allegations. Therefore it is important to contact a wrongful death attorney as soon as possible to ensure that all filing requirements are met. Failing to file by the imposed deadline could bar the claim from consideration.
How are damages calculated?
Medical and funeral expenses cover the actual costs incurred by the deceased as a result of the personal injury or neglect. Lost wages and lost benefits are calculated using life expectancy tables. These tables are used to calculate how much potential income, benefits, and earnings your loved one may have made had he, or she lived. Punitive damages are determined by the court during the proceedings. The plaintiff must prove gross negligence or other egregious behavior before punitive damages are awarded.
If someone you love died because of gross misconduct or negligent behavior of a third party, please contact Lusk, Drasites, Tolisano & Smith, P.A. today to file a claim. We have offices in the Fort Myers and Cape Coral areas. While we cannot bring a loved one back, we can help you seek and obtain the damages to which you are entitled.
