Losing a loved one can be one of the hardest things someone goes through. And when that loss is caused directly by the negligence or recklessness of another, it can be incredibly frustrating and heartbreaking. Not only will the death of a loved one leave you coping with grief, but it can also put a serious financial burden on your shoulders. This is even truer if the deceased had a direct impact on your family's finances.
Our Ft Myers wrongful death attorney will stand up for you during this difficult time and make those who are responsible pay.
Why Seek Compensation?
There is absolutely no shame in trying to seek compensation for the loss of a loved one. While there is no way to bring back your loved one, there are very good reasons to consider filing a Ft Myers wrongful death lawsuit. Some of the main reasons to do so include the following.
- Brings about a sense of closure
- Can help get your family justice for your loss
- Could punish those responsible for the death
- Helps ensure your family doesn't struggle financially when losing a loved one
- Covers the unexpected costs of funerals or medical bills
In short, compensation from a wrongful death lawsuit allows you to focus on mourning and helps ensure that you don't have to suffer financially as you try to deal with your loss. It's one of the only things that can help many get back on their feet and be able to live fully again after a tragedy.
Who Can Seek Compensation?
Under Florida law, those who lose a loved one due to the reckless or negligent actions of another party can seek compensation in a wrongful death lawsuit. Recklessness or negligence can mean a lot of different things, including:
- Drunk driving
- Failure to maintain a safe work environment
- Failure to maintain a safe property
- Texting while driving
- Disregarding various traffic laws
Basically, you need to show that the other party acted in a way any reasonable person would recognize to be reckless or negligent. It's also important to note that only blood relatives or those who are adoptive relatives may seek financial compensation. Those who may have the right do so include:
- Siblings if they are dependent upon the deceased in some way
You'll also only have a short window of time in which to file a claim. If you wait longer than two years, you essentially void your opportunity to receive compensation at all. However, those who are impacted by a death will want to file a claim as soon as possible anyway since their immediate future will be directly related to their ability to move on financially.
What Is A Settlement Based On?
Your settlement in a Ft Myers wrongful death lawsuit will depend upon numerous things. While traditional settlements for injuries in accidents are based on helping the victims get back to a place they would have been had the accident never occurred, there's no way to do that in a wrongful death case.
As such, your settlement may be based on a variety of things including:
- Medical bills and funeral bills incurred as a result of the accidental death
- Compensation for the loss of parental guidance for children
- Compensation for the loss of companionship for the family
- Restitution to cover the loss of income that occurs with a death. This can include long-term potential finances such as income over the course of years. If the deceased was a primary breadwinner, this sum will be calculated in a long-term case.
- Restitution to cover loss of benefits such as insurance or pension plans
While there's no way that a wrongful death lawsuit can ever bring back the one you love, the fact is that it could help you get your life back on track in a financial sense. This can help make it easier to mourn, grieve, and carry on in some capacity.
Our legal team will fight for you, making those responsible pay for their actions and giving you justice as well as the money you need to heal after such a profound loss.
The lawyers of Shapiro Goldman Babboni Fernandez & Walsh have the firm belief that justice pays.