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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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    Kristin Pittman is great! Very diligent, helpful, and a cool person overall. We had a wonderful experience with her. Would highly recommended!
    - Kendall K.
  • “Everyone is honest & really looks out for their clients.”
    I’ve had an amazing experience with Pittman Law Firm. This was my first law suit so I didn’t know what to expect and who to trust. Thankfully David and Kristin made sure things went smoothly. I didn’t have the hassle of dealing with the insurance companies and the process went fairly quickly! And I never had to call and ask for updates because they always called me any time there was a change in my case. Everyone is honest and really look out for their clients. I would definitely recommend this law firm.
    - Past Client
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    I liked the way I was treated so sincerely every time I spoke to someone. I was always asked how I was doing and feeling, not just about the facts of the case.
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    I could not ask for a better lawyer. I left a very satisfied customer. I highly recommend them and would most definitely use them again should a need arise.
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  • “During this pandemic they kept fighting hard for me!”
    October 3, 2019, was t-bone by a box truck, my life changed forever Like Going to doctors and rehabilitation wasn’t enough we got hit with the COVID pandemic. So much shut down and not knowing what to do, Pittman’s were there and got me back to the road of recovery and fought very hard for me, very pleased with their firm and their honesty and great reputation.
    - Gina S.
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    Very professional and attentive firm. They explained everything very well and put me at ease. Kristin updated me all through the process and made sure that the insurance company didn't take advantage of me. I would highly recommend their services.
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    I was very happy with my experience with Pittman Law Firm. They did an excellent job!
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  • “We were treated with dignity & got a fair settlement.”
    This firm was recommended by (2) separate doctors. These doctors knew our case was “too small” for the big firms. We would not be treated seriously. Pittman Law Firm never asked “ how big is your injury?” They just asked “How can we help you get better?” That meant the world to us. We were treated with dignity and got a fair settlement.
    - Jerry M.

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 
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