Fort Myers Wrongful Death Attorney

We Fight for the Families of Those Who Have Suffered the Loss of a Loved One

The passing of a loved one is never easy to deal with, but the pain of a wrongful death is especially difficult to bear. If you have lost a family member due to the negligence of another person or organization, you deserve to hold the responsible parties accountable for their actions.

The Dellutri Law Group, PA, can help you fight for justice in the wake of your loved one's wrongful death. Our team is equipped to handle all aspects of this complex type of personal injury litigation, and we have the resources to obtain the compensation you deserve.

Call (800) 391-4337today to schedule a free consultation with our wrongful death lawyer in Fort Myers.

What is Considered a "Wrongful Death?"

In Florida, a wrongful death is defined as any death that occurs due to the negligence of another person or entity. In many cases, these incidents result in a personal injury claim and are handled as any other personal injury case. However, in a wrongful death claim, the surviving family members of the deceased are the "plaintiffs" and the defendant is the person or company that is legally responsible for the death of their family member.

To succeed in a wrongful death claim, the plaintiff (the party filing the claim) needs to prove that the defendant's negligence or wrongful actions caused the death. This often involves demonstrating that the defendant had a duty of care to the deceased, breached that duty, and that breach directly led to the death.

Who Can File a Wrongful Death Lawsuit?

The personal representative of the deceased individual's estate may legally file a wrongful death lawsuit, The personal representative can be named in a will or estate plan or appointed by the court if there is no will or estate plan.

In Florida, the following family members are allowed to file a wrongful death lawsuit:

• Spouses
• Children
• Parents
• Siblings

In some cases, other family members can file a wrongful death claim if they are legally entitled to do so. This can occur if the decedent left behind minor children who are not eligible to file a lawsuit on their own.

Available Damages in a Wrongful Death Claim

There are two main types of damages: economic and non-economic damages. Economic damages are tangible monetary losses incurred as a result of the death, while non-economic damages are less tangible losses that don't have a specific monetary value.

• Economic Damages:

  • Medical expenses: Costs related to medical treatment and care for the deceased before their death.
  • Funeral and burial expenses: Costs associated with the funeral and burial services.
  • Loss of financial support: Compensation for the financial contributions the deceased would have provided to their family if they had survived.

• Non-Economic Damages:

  • Pain and suffering: Compensation for the emotional and psychological distress experienced by the surviving family members due to the loss of their loved one.
  • Loss of companionship or consortium: Compensation for the loss of emotional support, companionship, and intimacy that the deceased provided to their spouse or immediate family members.
  • Mental anguish: Compensation for the emotional suffering and mental distress caused by the death.

In certain cases where the responsible party's actions were particularly egregious or showed a wanton disregard for the safety of others, punitive damages may be awarded. These damages are meant to punish the responsible party and deter similar behavior in the future.

Ready to Help You & Your Family During This Difficult Time

At The Dellutri Law Group, we are committed to providing you with the peace of mind you deserve during this challenging time. We take care of the legal complexities, paperwork, and negotiations, allowing you to focus on healing and rebuilding your life. Our personalized approach ensures that you are always informed about the progress of your case and any important developments.

If you have lost a loved one due to the negligence or wrongful actions of another in Fort Myers, FL, you don't have to face the legal process alone. Contact us today at (800) 391-4337 to schedule a free consultation and discuss your wrongful death case.