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FORT MYERS
WRONGFUL DEATH LAWYERS
Between the
ages of 18 and 55, the leading cause of death is not from disease or
illness, but from sudden, unexpected accidents.
The legal
system is designed to protect the rights of those who have suffered
from the negligence of others. Death caused by the negligence of another
is called a "wrongful death". In most states, if the death
of a relative was caused by the wrongful act of another, surviving
family members have the right to financial compensation for the death.
It is the responsibility of your Fort Myers wrongful death attorneys
to get the highest possible compensation for the loss of your loved
one.
Wrongful death
lawsuits allege that the death of a loved one occurred as a direct
result of negligence or mistreatment by a medical professional. Similar
to medical malpractice cases,
wrongful death suits aim to hold a doctor, hospital or medical professional
accountable for the victim’s death. The victim’s family
members or beneficiaries may be entitled to financial compensation
as a result of the defendant’s negligence. Although monetary
compensation can’t erase the pain and injustice caused by the
death of your loved one, it can help the family cover the costs associated
with death and provide for the future.
How
Do I Tell If I Have a Wrongful Death Claim?
In a wrongful death lawsuit your Fort Myers wrongful death lawyer will
allege that the victim was killed as a result of the negligence and
that the surviving dependents or beneficiaries are entitled to monetary
damages as a result of the defendant’s conduct. Wrongful death
cases can be very difficult to prove and include timely research.
If you even have the slightest doubt that your loved one’s death
could have been prevented, talk to an Fort Myers wrongful death attorney
right away.
What
Damages are Recoverable in a Wrongful Death Claim?
- Immediate expenses associated
with the death (medical & funeral)
- Loss of victim’s
anticipated earnings until time of retirement or death
- Loss of benefits caused
by the victim’s death
- Pain and suffering, or
mental anguish to the survivors
- Loss of care, protection,
companionship to the survivors
- General damagesPunitive
damages
Who
Can File A Wrongful Death Claim?
-
This will
depend on your state's statutory language, but generally immediate
family members (i.e. spouses, children and parents) can pursue a
wrongful death claim (although minors until 18 years of age may
require a "guardian ad litem" to represent their interests
in court). In addition, some states may also extend the potential
group of plaintiffs to grandparents, legal dependents, or members
of the extended family
- Each state has its own
"statute of limitations," which defines the time frame during
which a lawsuit must be filed. The time usually runs from the time
of the victim's death, although some states may allow a lawsuit to
proceed if the act which caused the death was not discovered until
later (for example, the spouse of the victim does not discover until
the following year that the victim's death was caused by the negligence
of the treating doctor. In this case, the time frame to file a lawsuit
may run from the date the spouse discovered the treating doctor's
negligence, rather than the date of the victim's death).
A claim, even a valid claim,
may be denied if it is filed after the statute of limitations has run.
If you believe that you may have a valid claim for wrongful death, it
is important that you speak with a qualified Fort Myers wrongful death
attorney at your earliest opportunity to preserve your rights. In addition
to protecting your claim in court, early action may also help to preserve
evidence, or locate witnesses, that you may need to win your case.
