What a Wrongful Death Attorney Can Do After a Fort Myers Car Accident: Your Legal Rights Explained
What You Need to Know About Your Rights After Losing a Loved One
We understand that losing someone you love in a car accident is devastating. Your family is facing an incredibly difficult time, and you may feel overwhelmed trying to understand your legal options. Here's what you need to know about how we can help:
• Time is critical - Florida gives you only two years - You have two years from the date of death to file your wrongful death claim. Don't wait. The sooner you contact us, the better we can protect your family's rights.
• You can't file the case yourself - Only the personal representative of your loved one's estate can file the lawsuit. This might be someone named in their will, or the court will appoint someone. We'll help you understand this process.
• We investigate everything to build your strongest case - Our team gathers all the evidence, finds every responsible party, works with expert witnesses, and handles those tough insurance company negotiations. You shouldn't have to fight this battle alone.
• Your family deserves full compensation - You can recover money for medical bills, funeral costs, lost income your loved one would have provided, and compensation for your pain and loss. Sometimes, we can even get punitive damages when the other driver acted recklessly.
• Insurance companies will try to take advantage of you - They know you're grieving and may try to blame your loved one or offer you far less than your case is worth. We handle all communication with them so they can't manipulate you.
We treat every case like we were handling it for a family member. During this painful time, you need someone fighting for your rights while you focus on healing and taking care of your family.
Motor vehicle accidents are the primary cause of wrongful deaths for people under 35. Fatal car accidents happen far too often in Fort Myers, leaving families wondering how they'll move forward. When someone's negligence has taken your loved one away, the financial and emotional impact can feel crushing.
A wrongful death attorney in Fort Myers can fight for the justice and compensation your family deserves. You have legal rights under Florida law, and we're here to protect them. This guide will show you exactly how we build your case, what compensation we can recover for your family, and what to expect from the legal process.
Your Legal Rights When Someone Else's Negligence Takes Your Loved One
We understand that losing someone you love in a car accident leaves you facing an overwhelming mix of grief and uncertainty. During this incredibly difficult time, understanding your legal rights under Florida law becomes essential for protecting your family's future.
When You Have Grounds for a Wrongful Death Claim
Florida law gives you the right to seek justice when someone's negligence, breach of contract, or wrongful act causes a death. The test is straightforward: if your loved one would have had grounds for a personal injury lawsuit had they survived, you have grounds for a wrongful death claim.
Car accidents caused by reckless driving, speeding, distracted driving, or drunk driving commonly qualify as wrongful death claims. Your case's foundation rests on proving that another party's actions directly caused your family member's death. We work closely with families to establish this crucial connection and build the strongest possible case for your loved ones.
Who Florida Law Allows to File Your Claim
Here's something that catches many families off guard: you cannot file a wrongful death claim directly, even as a surviving spouse or parent. Florida's wrongful death statute establishes strict rules about who can bring a lawsuit.
Only the personal representative of the deceased person's estate can file a wrongful death claim. This person is either named in your loved one's will or appointed by the probate court if no will exists. The probate court must issue letters of administration before filing can proceed.
The personal representative files on behalf of all survivors and the estate. Under Florida law, survivors who can recover damages include:
- Surviving spouse
- Children (including dependent children born out of wedlock)
- Parents of a deceased minor child
- Parents of an adult child when no other survivors exist
- Blood relatives who were financially dependent on the deceased
- Adoptive siblings who depended on the deceased for support
The personal representative must identify all potential beneficiaries in the complaint and specify their relationships to the deceased. Don't worry about figuring this out alone - we help determine who qualifies as a survivor under your specific circumstances and ensure proper representation through the personal representative.
Florida's Two-Year Deadline: Why Time Matters
You have two years from the date of death to file a wrongful death claim in Florida. The clock starts ticking on the date of death, not the date of the accident. Missing this deadline typically means losing your right to recover compensation permanently.
We've seen too many families lose their chance at justice because they waited too long or didn't understand these time restrictions. That's why we encourage you to contact us as soon as possible after your loss.
Some exceptions do exist. The Jeffrey Klee Memorial Act removes time restrictions for wrongful death actions when death results from homicide, as criminal investigations can take years. Medical malpractice cases follow different rules, allowing filing within two years from when the incident occurred or was discovered, but never later than four years from the incident.
At our firm, we make sure you never miss a crucial deadline while you focus on what matters most - healing with your family.
How We Fight to Build Your Wrongful Death Case
We Act Fast to Preserve Critical Evidence Before It Disappears
Time works against your case. Witnesses forget important details, surveillance footage gets erased, and accident scenes change. We understand this urgency and move quickly to gather everything needed to prove your case.
Our team collects police reports, witness statements, traffic camera footage, photographs of the accident scene, and black box data from all vehicles involved. We gather medical records showing the treatment your loved one received from the accident until their death. We also obtain autopsy reports, your loved one's paystubs and tax returns, and receipts for funeral expenses you've had to pay.
We know how to prove negligence. This means showing that the other driver failed to use reasonable care - whether they were speeding, texting while driving, drunk behind the wheel, running red lights, or simply not paying attention to road conditions.
Finding Every Party Who Should Be Held Responsible
Don't let anyone escape accountability. We look beyond just the driver to find everyone who played a role in causing your loved one's death.
Was the driver working when the crash happened? Their employer may share responsibility. Did a truck malfunction or was it poorly maintained? The trucking company or maintenance provider could be liable. Vehicle defects? The manufacturer might owe your family compensation.
Finding multiple responsible parties means more sources of compensation for your family.
Working with Expert Witnesses Who Strengthen Your Case
We assemble a team of professionals who can prove what happened and why the other party is at fault. Accident reconstruction specialists analyze skid marks, vehicle damage, and debris patterns to show exactly how the crash occurred and who was speeding. Medical experts connect the accident directly to your loved one's death and counter any claims about pre-existing health conditions.
Economists calculate the income and financial support your family will lose over the years. These experts give us the ammunition we need to fight for every dollar your family deserves.
Protecting You From Insurance Companies Who Want to Pay Less
Insurance adjusters have one goal: pay your family as little as possible. They'll claim the accident couldn't be prevented, argue your loved one was partly at fault, or say the death was caused by something unrelated to the crash.
We handle every conversation with insurance companies so you can't be tricked into saying something that hurts your case.While you focus on grieving and healing, we fight their tactics, negotiate settlements, and make sure they can't take advantage of your family during this difficult time.
What Compensation Can Your Family Recover?
We understand that no amount of money can replace your loved one. However, Florida law recognizes that families deserve financial support to help them move forward after such a devastating loss. Our experienced team works to identify every dollar your family is entitled to under Florida's wrongful death statute.
Medical Bills and Final Expenses
You shouldn't have to pay for the medical care that couldn't save your loved one. Survivors who paid medical or funeral expenses due to the injury or death can recover these costs. This includes hospital stays, surgeries, medications, and treatments your loved one received from the accident until death.
Funeral and burial expenses represent another recoverable category, covering service costs, burial plots, caskets, and related expenses. These costs add up quickly during an already overwhelming time, and we fight to ensure you're not left with these financial burdens.
The Financial Support Your Family Has Lost
Your loved one's income didn't just pay bills - it supported dreams, education, and your family's future. Each survivor may recover lost support and services from the date of injury to death, plus future losses reduced to present value. Florida law recognizes both monetary support and contributions in kind.
The decedent's probable net income available for distribution to each survivor factors into this calculation. Lost income includes wages, bonuses, commissions, and benefits your loved one would have earned until retirement. The estate can recover loss of prospective net accumulations that would have benefited surviving spouses or lineal descendants.
We don't just look at paychecks. Employment benefits like health insurance and pension plans count toward lost support. Household services your loved one provided also carry replacement value, including childcare, cleaning, and yard maintenance. We work with economists and life care planners to calculate the true value of what your family has lost.
Your Emotional Pain and Suffering
Losing someone you love causes pain that money cannot heal, but Florida law recognizes this suffering deserves compensation. Minor children can recover for lost parental companionship, instruction, and guidance, plus mental pain and suffering. When no surviving spouse exists, all children may claim these damages.
Parents of a deceased minor child may also recover for mental pain and suffering. Florida law allows spouses and children to receive damages for loss of consortium, covering the deceased's love, emotional support, and companionship. We treat every case like we were handling it for a family member because we understand the depth of your loss.
Punitive Damages When Someone's Actions Were Inexcusable
Some accidents happen because someone made a choice to be reckless. Punitive damages punish wrongdoers and deter future misconduct in cases involving reckless or extremely negligent behavior. Drunk driving accidents and cases where parties knowingly created dangerous conditions may qualify.
If you need help understanding what compensation applies to your situation, call Pittman Law Firm, P.L. today for a free consultation. We'll review your case personally and explain exactly what your family deserves.
How We Handle Your Wrongful Death Case From Start to Finish
Filing Your Lawsuit - We Take Care of Everything
We file your wrongful death lawsuit in civil court on behalf of the personal representative. You don't have to worry about the legal paperwork or complex procedures - we handle every detail. The process starts when we serve the defendant's legal team with a demand letter that outlines exactly what happened to your loved one and itemizes every dollar of damages you deserve. This demand letter becomes the foundation for all future negotiations.
We present strong evidence that proves fault and liability. During discovery, both sides exchange evidence including medical records, accident reports, and witness statements. We make sure your case is built on solid ground from day one.
Fighting Insurance Companies Who Want to Pay You Less
Insurance negotiations save you time and money compared to going to court. But here's what insurance companies don't want you to know - their adjusters are trained to downgrade claims, delay responses, and deflect responsibility to frustrate families into accepting far less than they deserve. We handle every single conversation with insurance companies so you never have to deal with their manipulative tactics. Most wrongful death claims settle before reaching trial, and we make sure you get every penny you're entitled to.
Taking Your Case to Court When Insurance Won't Play Fair
Sometimes settlement negotiations fail because insurance companies refuse to offer fair compensation. When that happens, we're fully prepared to take your case before a judge and jury. About 90% of civil cases that reach court become jury trials. Plaintiffs win approximately 36% of wrongful death cases that go to trial. We present compelling evidence while a judge or jury determines liability and damages.
Protecting Your Family When Insurance Tries to Blame Your Loved One
Insurance companies use every trick in the book, including arguing that your loved one's negligence contributed to the accident. They may even claim the death resulted from unrelated conditions or pre-existing health issues. We counter these defenses with solid medical evidence and expert testimony that proves what really happened.
Don't let insurance companies take advantage of your grief. If you have been injured in an accident and need a lawyer, call Pittman Law Firm, P.L. today for a free consultation.
Conclusion
Losing a loved one in a Fort Myers car accident creates emotional and financial devastation. A wrongful death attorney handles the legal complexities while you focus on healing. They investigate evidence, identify liable parties, negotiate with insurance companies, and fight for maximum compensation. Equally important, they protect you from manipulative tactics that could reduce your recovery. Florida's two-year deadline makes quick action essential, so reach out to an experienced wrongful death attorney who can guide your family through this challenging process and secure the justice you deserve.
FAQs
Q1. How long do I have to file a wrongful death claim after a car accident in Florida? You have two years from the date of death to file a wrongful death claim in Florida. The clock starts on the date of death, not the accident date. Missing this deadline typically means you permanently lose your right to seek compensation, so it's important to consult with an attorney as soon as possible.
Q2. Who is legally allowed to file a wrongful death lawsuit in Florida? Only the personal representative of the deceased person's estate can file a wrongful death claim in Florida. This person is either named in the deceased's will or appointed by the probate court. The personal representative files on behalf of all eligible survivors, including the surviving spouse, children, parents, and certain dependent relatives.
Q3. What types of compensation can families receive in a wrongful death case? Families can recover several types of compensation including medical expenses, funeral and burial costs, lost income and benefits the deceased would have provided, and damages for pain, suffering, and loss of companionship. In cases involving extreme negligence, such as drunk driving, punitive damages may also be awarded to punish the wrongdoer.
Q4. How long does it typically take to resolve a wrongful death lawsuit in Florida? Wrongful death cases in Florida typically take anywhere from a few months to over a year to resolve. The timeline depends on factors like case complexity, the amount of evidence needed, and whether the case settles through negotiation or goes to trial. Most cases settle before reaching trial, which can significantly reduce the time involved.
Q5. What is the success rate for wrongful death lawsuits that go to trial? Approximately 58% of wrongful death cases that go to trial result in a win for the plaintiff, which is higher than the average 48% success rate for all personal injury lawsuits. However, most wrongful death claims settle before trial through negotiations with insurance companies, avoiding the time and expense of court proceedings.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship with Pittman Law Firm, P.L.