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Who Can File a Wrongful Death Lawsuit?

A wrongful death lawsuit is a personal injury suit filed on behalf of a deceased person to seek compensation for their losses. A deceased person’s survivors are allowed to sue for damages under Florida law provided they meet the statute of limitation and have a viable claim. While a wrongful death claim is filed to benefit the family and loved ones of a deceased individual, the case can only be pursued by a representative from the decedent’s estate. A representative of the estate is required to provide the court with the name of the decedent’s survivors before filing their case. Any damages awarded to the estate will be distributed according to inheritance laws if no estate plan is in place. 

When is a Wrongful Death Claim appropriate?

If you aren’t sure whether you have a viable wrongful death claim, meeting with an attorney can help you work through the details of your claim to determine how you should proceed. When a loved one dies from injuries sustained in an accident or negligent incident, like medical malpractice, survivors can pursue damages to compensate for the loss of their loved one. If a personal injury case would be filed if the victim were still alive, the case typically meets the standard for a wrongful death lawsuit. 

Examples of wrongful death claims include the following: 

Murder: When one person ends the life of another, a wrongful death case could be appropriate. The person responsible for the death would likely face criminal charges filed by the government, and the family would seek to recover damages in civil court. 

Medical Malpractice: When a doctor has a patient in their care who dies from negligence, the patient’s survivors could file a wrongful death claim. Medical malpractice could also become a wrongful death suit if the doctor failed to diagnose a condition that led to a loss of life. 

Automobile Accidents: When a person dies in a vehicle collision caused by negligent driving, a wrongful death suit could be appropriate. Not every automobile crash qualifies for a wrongful death suit. Cases should include incidents where the third party was driving negligently, for example:

  • Reckless Driving
  • Ignoring Driving Rules
  • Driving Under the Influence 

Have You Lost a Loved One Due to Negligence? 

If you’ve lost your loved one in a senseless accident caused by a negligent third party, you have rights! The Fort Myers wrongful death attorneys can help you determine how best to proceed in your case. Experience matters in these specialized and complicated cases, so let our attorneys investigate your claim and collect the evidence needed to fight for the compensation you and your family deserve. 

If you’ve lost a loved one due to third-party negligence or misconduct in Fort Myers or a nearby community, contact the wrongful death attorneys at Pittman Law Firm, P.L. today! Call (239) 603-6913 to schedule a consultation with our team!

What Sets Our Team Apart?

  • We have over 25 years of experience handling personal injury cases.
  • We handle every case personally.
  • We are a full-service law firm and can help you with all aspects of your case, including your car.
  • We treat every case like we were handling it for a family member.
  • We return all calls - don't get lost in the system of a large firm!
  • We are local and have convenient locations.
  • We've won millions of dollars on behalf of our clients.
  • We can do everything large firms can do, but better.

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