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Wrongful Death

Losing a loved one is a heartbreaking event that is all too common. Over 270,000 people died in the Sunshine State in 2022 and while some of these deaths may have been unavoidable, others were caused by the actions (or lack of action) of a negligent or malicious third party. Deaths caused by falls are on the rise in the state, as are deaths caused by vehicular accidents. While no amount of money can replace the loss of a loved one, filing a wrongful death claim can help a family heal and provide the funds survivors need to cover a funeral and lost wages. The Morgan Law Group specializes in wrongful death cases and our lawyers have the tools and expertise needed to increase your odds of receiving due compensation.

Common Causes of Wrongful Death in Naples, FL

Vehicular accidents and falls aren’t the only causes of wrongful death in the Sunshine State. Other common causes include medical malpractice, workplace accidents, pedestrian accidents, and defective products.

Who can File a Wrongful Death Claim in Naples, FL?

Florida law stipulates that only the personal representative named in the deceased individual’s will is allowed to file a wrongful death claim. If the deceased individual didn’t have a will, the court will name a personal representative. The personal representative does not receive the full payout from the claim. Rather, he or she brings the claim on behalf of close relatives. These include a spouse, children, parents (if the deceased individual was a minor), and dependent family members.

What Type of Compensation Can Be Pursued?

There are various types of compensation that you can pursue in a wrongful death case. These include funeral/burial expenses, lost wages and benefits, loss of support and services, and loss of protection, guidance, and companionship. The type of compensation you can pursue will depend on your relationship to the deceased individual and the circumstances surrounding his or her death. In egregious cases, a court will also award punitive damages to punish those responsible for your loved one’s death. For example, if your loved one’s workplace has been repeatedly warned about and fined for unsafe practices before your loved one died at the workplace, the court may award punitive damages in addition to the other forms of compensation you claimed.

Why Hire a Wrongful Death Attorney?

As your deceased loved one’s personal representative, you’ll have a lot on your plate in addition to dealing with your own grief. You may need to organize the funeral and care for loved ones. You’ll likely also need to handle matters pertaining to the deceased individual’s estate in accordance with the instructions written in the will. This may include selling assets such as a home or vehicle, disbursing funds, and paying expenses from the decedent’s estate.

Hiring a wrongful death attorney to represent your best interests gives you time for more important matters. It also ensures the case is properly filed. A good attorney will start by examining your case to determine if you can file a wrongful death claim under Florida law. Next, the attorney will list all qualifying relatives as beneficiaries of the case so each one receives the funds that are his or her due.

Your attorney can help you collect evidence to prove your case. This may include medical records, police reports, eyewitness accounts, and records pertaining to the party or parties responsible for your loved one’s death. Your lawyer will also collect evidence showing how your loved one’s death has affected your family. This may include proof that the deceased individual was supporting other relatives, tax forms showing how much the decedent earned per year, and evidence showing the emotional support and companionship that was lost due to your loved one’s untimely death.

Your lawyer will then either take the case to court or work out a settlement with the other party or parties in the case. In some instances, a settlement may be in your best interest as it provides beneficiaries with immediate funds needed to cover expenses; however, if the other party involved is unwilling to consider a fair settlement, you may have no choice but to have a wrongful death attorney take the case to court.

At The Morgan Law Group, we understand how devastating the unexpected loss of a loved one can be. If the death was indeed caused by a third party’s actions or lack of action, we will do everything in our power to help you receive the compensation that you need and deserve. Get in touch with us at your convenience to find out more about our services and track record, or to schedule a free consultation.