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What You Need To Know About The Wrongful Death Lawsuit Process

Ft. Myers residents facing a wrongful death lawsuit are often going into the situation without much previous knowledge of the process. In a perfect world, wrongful death lawsuits wouldn’t be necessary at all, but the unfortunate reality is that many families throughout the Ft. Myers region of Florida will need to go through this experience after losing a loved one. Knowing a little bit about the wrongful death lawsuit process can let you enter this process with a clear mind, clear plan, and confidence in knowing what the next step may be.

Frequently Asked Questions



There are a lot of questions that surround wrongful death lawsuits in Ft. Myers or any Florida location. Some of the most frequently asked are:

Is it difficult to prove a wrongful death? – Proving a wrongful death in a wrongful death lawsuit can and often will be a complicated process. For this reason, it’s always recommended to have a skilled Ft. Myers personal injury attorney at your side to guide you through the process from start to finish. You may need to enlist expert witnesses, you will need to have medical documents on hand, and your attorney will ensure you have a complete list of all of the evidence that will best support your case.

How will my settlement be determined? – There will be a number of different factors that will go into figuring out your wrongful death settlement. Medical bills, burial expenses, the age of the deceased, lost support, and property damage are some of the more “concrete” figures that will go into your settlement. Pain and suffering compensation may be a bit more complicated to determine.

Who can file a wrongful death lawsuit in Florida? – In the state of Florida, a wrongful death lawsuit must be filed by the representative of the deceased. Typically, this will be a spouse, child, or parent of the deceased.

When does a wrongful death apply? – Wrongful death applies when an individual has succumbed to injuries from an accident caused by another party’s negligence. This could mean an auto accident, a workplace accident, an accident due to a defective product, or a slip and fall. If it was the negligence of another party that lead to the fatal accident, the family of the deceased may decide to pursue a wrongful death lawsuit in order to recoup any accident-related financial losses.

What elements must be present in a wrongful death lawsuit in Florida? – In order to pursue a successful wrongful death lawsuit in Florida a few elements must be present in the case. An individual’s death must have been caused by another party’s negligence, the death must have caused monetary injuries to the family left behind, and a representative must be appointed to handle the estate of the deceased.

Is there a time limit? – The statute of limitations for wrongful death is two years from the date of death. This means that if an accident occurred, and an individual was hospitalized for a month before succumbing to injuries, the statute of limitations begins from the date of death not the date of the accident or hospitalization. The surviving family has two years from the death date to file their wrongful death lawsuit, although the process of the lawsuit itself can take longer for more complex cases.


Finding The Right Representation



Wrongful death lawsuits are some of the most complex. Often, they involve serious negligence, heavier settlements, and more evidence, so it’s best to have the guidance of a skilled and experienced personal injury attorney to represent you throughout the process. To learn more about wrongful death lawsuits in Ft. Myers, Florida, contact us at AllInjuriesLawFirm.com today.

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