Any family dreads getting a call or a visit from the police informing them of an accident involving a loved one. A sudden death can be devastating. As the family tries to process their loss, the circumstances of what happened will be the focus of attention. If it is established that another driver’s negligence caused the accident, the anger generated will be justified. This has become a wrongful death, and that entitles the surviving family to seek a remedy.
While no amount of money can ever truly compensate for the loss of a loved one, there is a measure of closure and support that can be derived from a wrongful death settlement. This is not a typical insurance claim, but it is an issue where the skills of an experienced Fort Myers wrongful death lawyer will be of assistance.
At Titan Law, we’ve supported many families who found themselves in the unimaginable position of losing a loved one because of someone’s wrongful actions on the road. While we offer support directly to the family to help them emotionally, we also take direct aim at the responsible parties and strive to hold them accountable.
Speak With a Fort Myers Wrongful Death Lawyer
Eligible Beneficiaries
A wrongful death can be directly attributed to a negligent act. The survivors of the decedent are eligible to seek a remedy. Florida law allows for certain survivors to file a wrongful death claim. These include the following in order of priority:
- A spouse
- Children
- Parents of the deceased
Siblings, other biological relatives, and adopted siblings of the deceased who depended on the deceased for support.
Damages Your Fort Myers Wrongful Death Attorney Can Seek for Survivors
If you qualify as a surviving beneficiary, you may be entitled to a range of damages. The most obvious and straightforward to quantify are all the expenses related to any medical bills that preceded the death. You’re also entitled to have all the funeral expenses covered. The potential benefits don’t stop there. The following are some of the additional benefits survivors can claim:
Loss of Income
The emotional pain associated with the death of a loved one is only one element that the survivors have to deal with. They also have to contend with financial losses. Often, the decedent was also the primary wage earner who supported their family. Losing that income can have a ripple effect that impacts all aspects of family life. Thankfully, Florida law allows for survivors to include the loss of income in their wrongful death claim.
That lost income is referred to as the net accumulations to the estate. This is how the Florida law explains what it means:
“The part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.”
When awarding the net accumulations to the estate, consideration is given to the decedent’s age, health, wage earnings from the past five years, skills, earning potential, and pension. The net accumulations are associated with business and salary income. That would not include items such as rental income from rental properties. You also can’t include passive income and interest on investments that would continue to grow after the decedent’s death.
Support and Services
The law allows survivors to claim support and services provided by the decedent that must now be paid for as expenses. For example, if the deceased provided childcare that now has to be paid for, that would be considered services that should be paid for.
Companionship
The emotional component of the loss of a loved one is different for each person. That companionship applies to a spouse who has lost a partner and a child who has lost a parent. It will be vital for you and your Fort Meyers wrongful death lawyer to present a strong narrative of the dynamics of your family relationship and how integral your loved one was to your lives.
Punitive Damages
In some instances, you might be able to ask for punitive damages. That is an award targeted at the at-fault party as a punishment for an especially heinous act of negligence. A driver convicted of driving while intoxicated would be an example of an action that warrants punitive damages.
Keep in mind that a wrongful death claim can proceed if there are criminal charges pending. In the example of the drunk driver, that at-fault person might be facing license suspension and jail time. The same police report and witness accounts presented in your wrongful death claim can be used in the criminal case, but there is no monetary element. That happens in the civil court.
How Titan Law Can Help Prove Your Claim
Titan Law has a lot of experience helping families with their wrongful death claims. In order to prevail, there are three essential elements your Fort Myers wrongful death lawyer needs to establish:
- Your loved one died, and you are the eligible survivor.
- The death was caused by a wrongful act or negligence by another person or entity.
- The incident would have entitled your loved one to file a personal injury claim if the death had not occurred.
In some accidents, there could be more than a driver who would be held liable for the wrongful death. For instance, in an accident involving a truck, there could be circumstances where the truck company who hired the driver might have contributed to the accident. In those situations, the truck driver and the company can be named defendants.
In order for our support to begin, you need to set up a free strategy session where you can share what happened and how this loss has impacted your life. It is essential that you understand all the potential challenges and get a sense of the timeline of what you can expect if we move forward. Call or contact us online to schedule that session today.
Our team is ready to assist you.
Thank you for your interest! We are here to help.
Fill out the form below to request a consultation.