Wrongful Death Lawyers in Fort Myers
Losing a loved one due to someone else’s negligence or wrongful actions is an unimaginable tragedy. In Florida, a wrongful death occurs when the actionable conduct of an individual results in the demise of another person, as outlined in Florida Statutes § 768.19.
Central to establishing a wrongful death lawsuit is the requirement to furnish evidence that proves that the deceased individual’s passing was directly caused by the negligent or intentional actions of another party. Such evidence must convincingly show that, absent the defendant’s wrongful actions, the death would not have occurred, placing the burden of proof upon the loved ones seeking justice for the deceased.
If you have suffered the devastating loss of a loved one due to the wrongful act of another person, finding the right legal representation is vital. The wrongful death lawyers in Fort Myers at Larry Moskowitz, PA bring empathy, focus, and a strong determination to a wrongful death case.
With over three decades of experience handling the complexities of wrongful death claims, attorney Larry Moskowitz is committed to providing compassionate support to grieving families while aggressively pursuing justice on their behalf. Trust Fort Myers injury attorney Moskowitz to fight tooth and nail for the compensation and closure you deserve.
Who Can File a Wrongful Death Lawsuit in Fort Myers?
Under Florida law, statute § 768.18 outlines who has the legal standing to file wrongful death lawsuits in Fort Myers. The statute specifies that the personal representative of the deceased person’s estate is the one who typically brings forth the lawsuit.
This personal representative is often named in the deceased person’s will or appointed by the court if there is no will or named representative. However, the personal representative does not file the lawsuit for their benefit; instead, they do so on behalf of the deceased person’s surviving family members and beneficiaries.
Types of Damages Fort Myers Wrongful Death Attorney Larry Moskowitz will Pursue
In wrongful death cases, experienced wrongful death attorneys will claim medical and funeral expenses and several other damages. Fort Myers wrongful death lawyer Larry Moskowitz is committed to helping grieving families secure the maximum compensation available to compensate for their loved one’s death.
Medical Expenses
Attorney Moskowitz will seek compensation for any medical expenses incurred for treatment prior to the decedent’s passing. This includes hospital bills, medication costs, and expenses related to medical treatment and care.
Funeral and Burial Costs
Funeral and burial expenses can place a significant financial burden on grieving families. Attorney Moskowitz will claim compensation to cover these costs, ensuring that families are not further burdened by financial strain during their time of mourning.
Loss of Income
If the deceased person was the primary or significant breadwinner in the family, attorney Moskowitz will seek compensation for the loss of income suffered by surviving family members. This includes the income the deceased would have earned over their expected lifespan, as well as any potential future earnings.
Loss of Support and Services
Fort Myers wrongful death lawyer Larry Moskowitz will also pursue compensation for the value of the support and services that the deceased person provided to their family. This can include household chores, childcare, and other tasks that the deceased would have performed had they survived.
Pain and Suffering
Losing a loved one can result in profound emotional pain and suffering for surviving family members. Larry Moskowitz will pursue compensation for the emotional distress, mental anguish, and loss of companionship experienced by the deceased person’s spouse, children, and other eligible beneficiaries.
Loss of Consortium
In cases where the wrongful death has deprived a spouse of the companionship, love, and intimacy of their partner, Attorney Moskowitz will seek damages for loss of consortium. This type of compensation acknowledges the emotional and relational impact of the loss on the surviving spouse.
Punitive Damages
In exceptional cases where the defendant’s actions were particularly egregious or reckless, Larry Moskowitz may pursue punitive damages. These damages are intended to punish the defendant for their wrongdoing and deter similar conduct in the future.
Damages Attorney Moskowitz Can Claim
In addition to damages claimed by surviving family members, the estate of the deceased may also be entitled to seek compensation for certain losses incurred as a result of the wrongful death. The damages Fort Myers wrongful death lawyer Larry Moskowitz may claim on behalf of the estate include:
Lost Earnings
The estate can seek compensation for the income the deceased would have earned from the time of the injury or illness until their expected retirement age. This encompasses the deceased’s current and potential future earnings, including salary increases, bonuses, and other benefits.
Lost Accumulation of Value of the Estate
In cases where the deceased had investments or other assets expected to increase in value over time, the estate may be entitled to recover the lost accumulation of value. This includes the income or returns the estate would have generated if the deceased had not died prematurely.
How are Wrongful Death Settlements Paid Out in Fort Myers?
Here’s an overview of how a wrongful death settlement is paid out in Florida:
Equal Distribution Among Beneficiaries: According to Florida’s wrongful death statute, compensation from a settlement or jury award must be distributed equally among all beneficiaries. This ensures that each eligible family member receives a fair share of the financial recovery.
Agreement Among Adult Beneficiaries: If the adult beneficiaries can reach a consensus on a specific plan for allocating the settlement funds, the court will generally honor that agreement. This allows family members to have a say in how the compensation is distributed based on their needs and circumstances.
Court Intervention in Special Situations: There are instances where the court may need to intervene to ensure equitable distribution of the settlement funds. For example, if there are liens against the estate of the deceased, these must be satisfied from the portion of the wrongful death settlement awarded to the estate, rather than from the survivors’ shares.
Guardianship Law for Minor Children: Under Florida Guardianship Law, a guardian must be appointed to oversee the disbursement of funds for a minor child until they reach adulthood. This ensures that the child’s financial interests are protected and managed appropriately until they can their affairs.
Priority for Dependent Adults: Dependent adults who are fully reliant on the deceased for financial support are entitled to a share of the settlement funds. This is relevant in cases where the deceased provided primary support for dependent adults.
How Fort Myers Wrongful Death Lawyer Larry Moskowitz Can Establish Liability
Fort Myers wrongful death lawyer Larry Moskowitz diligently works to prove each legal element to hold the defendant liable for the death of the victim.
Tortious Conduct
The first element involves demonstrating that the defendant’s actions were tortious, meaning they were intentional, negligent, or reckless. This can include actions such as driving under the influence, medical malpractice, or intentional harm. The conduct of the defendant must amount to a claim for damages under personal injury or contract law.
The Right to Sue the Defendant
It must be established that if the victim had survived, they would have had the legal right to file a personal injury claim against the defendant for damages. This requires showing that the victim would have been able to establish liability and recover compensation for their injuries had they lived.
Identification of the Representative and Family Members
Another essential element is identifying the personal representative of the victim’s estate and the surviving family members with the legal standing to file the wrongful death claim. This typically involves appointing a personal representative through the probate court and identifying the spouses, children, parents, or other beneficiaries entitled to pursue the claim.
Causation and Damages
This requires establishing a causal link between the defendant’s actions and the fatal injuries suffered by the victim. Moreover, the damages sought must be quantifiable, including personal and financial injuries to the surviving family members or the victim’s estate.
Get Legal Help From the Leading Fort Myers Wrongful Death Lawyer
In the wake of a tragic loss, the legal complexities of a wrongful death claim can feel overwhelming. As your Fort Myers wrongful death attorney, Larry Moskowitz understands the emotional and financial toll of losing a loved one and the importance of seeking justice on their behalf.
With over three decades of experience, Larry is committed to providing compassionate support and tenacious advocacy for you and your family during this difficult time. Let us stand by your side, and help you obtain the compensation and closure you deserve. Call us now at 866-312-0708 to schedule your free case evaluation.