If you’ve lost a loved one in a fatal accident in Fort Myers, FL, it may very well be worth talking to a wrongful death attorney to find out if the case qualifies to bring a lawsuit.
What Turns a Fatal Accident Into a Wrongful Death Case?
A fatal accident has grounds to become a wrongful death lawsuit when the death results from another person or entity’s wrongful act, negligence, default, or breach of contract or warranty. Essentially, you would ask yourself: “Had my loved one survived, would they have had grounds to bring a personal injury lawsuit?” If so, you can likely bring a wrongful death claim.
Who Can File the Lawsuit?
Only the personal representative of a deceased person’s estate can bring a wrongful death action, which is done on behalf of the survivors and the estate. Survivors typically include the spouse, children, and parents but can also include other blood relatives if they were dependent upon the deceased and any adoptive children or parents if the adoptions were legalized.
What Can Be Recovered for the Survivors?
Various things can be recovered for different survivors, depending on the specific circumstances and the relationship of each survivor to the deceased. In general, all survivors are entitled to get the value of the support and services that their loved one would have provided them had they lived. Spouses can also claim for the loss of companionship and protection they have suffered. Minor children can also be compensated for the loss of guidance and instruction that they would have gotten from their parent.
In addition, survivors are entitled to compensation for the pain and suffering or mental anguish they’ve endured by the loss of their loved one. The family is also entitled to recover funeral expenses and any medical expenses that their loved one incurred as a result of the accident. The deceased’s estate itself can also bring a claim to recover what the estate can be assumed to have been worth had the deceased lived a normal lifespan. Figuring this out can be tricky, but a lawyer can help. It’s important to consider the deceased’s:
- Age at death
- Financial situation
- Career and career trajectory
- Earning potential
- Health at the time of the accident
For example, if the person who died was already 65, retired, and dealing with advanced heart disease, the court will generally find that their estate would have gained far less in additional savings or assets had they lived, compared to a healthy 35-year-old who was steadily advancing in their career.
Talk to a Wrongful Death Attorney
An experienced lawyer can review the facts of your situation to tell you whether your loved one’s death is likely to qualify for a wrongful death claim. If you have questions, talk to Goldstein, Buckley, Cechman, Rice, Purtz, Smith & Smith, P.A. in Fort Myers, FL right away. We serve clients in Fort Myers, Cape Coral, Naples, Lehigh Acres, and Port Charlotte as well as surrounding areas.