Naples Wrongful Death Attorney
What is a Wrongful Death Lawsuit?
According to Florida Statute 768.19, the survivors of a deceased person have a protected “right to action” when a wrongful, negligent, or fraudulent action leads to the death of another person. The right to act legislation allows the estate of a deceased victim to file a civil suit on their behalf. A wrongful death occurs when a person’s death is caused by the negligence or misconduct of a third party. A victim’s loved ones are entitled to file a lawsuit to demand accountability for the wrongful death of their family member. Because the victim of the negligence or misconduct is deceased, wrongful death lawsuits allow survivors to seek compensation for their loss.
Wrongful death losses typically include:
- Lost Wages
- Loss of Companionship
- Funeral Costs
- Mental Anguish, Pain & Suffering
A wrongful death lawsuit can be filed by the loved ones of a victim of negligent conduct, but only one person can file a claim. According to Florida law, only a representative from the decedent’s estate can file a wrongful death claim. If the decedent didn’t have an estate plan, one can be appointed by the court system. While the claim can only be filed by the legal representative of the decedent, any compensation will be paid to the estate and dispersed to the benefit of survivors and dependents. The representative filing the wrongful death lawsuit will be required to name every survivor with interest in the claim to represent their share of any awarded damages.
If you’ve lost a loved one due to third-party negligence or misconduct in Naples 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!
Filing a wrongful death lawsuit may be necessary if your loved one died because of the negligent actions of a third party. When a victim with a viable personal injury claim dies from their injuries, their survivors can file a claim to seek compensation for damages. Wrongful death claims are appropriate in most personal injury situations where the injured party’s death was caused by the injuries claimed in the lawsuit.
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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.
MedicalMalpractice: 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
