Wrongful Death Lawyers Serving Fort Myers and All of Southwest Florida
If you lost a loved one in an accident, a Fort Myers wrongful death lawyer can pursue just compensation for you and your family. At Bernheim Kelley Injury Lawyers, our wrongful death attorneys are compassionate, experienced, and reliable advocates for grieving families.
Wrongful death claims are immensely challenging. People who are already grieving don’t need to deal with the additional struggles of a complex legal matter. Our law firm is on the side of victims—not corporations or insurance companies.
If you lost a close loved one to a fatal accident, we are here to help you navigate every aspect of the civil claims process. Justice matters. To set up a FREE, completely confidential consultation with a top wrongful death attorney, please contact us at our Fort Myers law office today.
A Fort Myers Wrongful Death Lawyer Can Pursue Real Justice for You and Your Family
Bernheim Kelley Injury Lawyers has decades of experience representing clients who have been injured through no fault of their own. In addition to injured people, we are proud to serve families who have lost a loved one to someone else’s negligence.
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Florida’s wrongful death law (Florida Statutes § 768.16–768.26) allows the survivors of someone who is killed in an accident due to someone else’s negligence or wrongdoing to seek compensation for their losses. Unfortunately, it can be difficult to know how to protect your rights—especially when you are facing financial strain and bereavement.
When you hire a Fort Myers wrongful death attorney at Bernheim Kelley Injury Lawyers, you can expect personalized service. Every client is different, and every case is unique. As such, we tailor the experience to meet your needs and goals. You can also expect:
- Real Advocates: Our aim is to make every client feel comfortable and supported during a very difficult time. We believe that fighting for the optimal outcome is only possible when we truly understand our clients and build a positive relationship with them.
- Real Experience: Our attorneys have recovered over $1 billion in compensation. In-depth knowledge of personal injury matters (including wrongful death) and years of trial experience enable us to develop individualized strategies for settlement negotiations, litigation, and courtroom proceedings.
- Real Justice: Some of our most difficult cases involve the loss of someone’s life. We see what families must go through in the aftermath of an unexpected (and preventable) death. This knowledge fires our passion for doing what’s right. It’s not all about holding defendants accountable and maximizing settlements and trial awards; it’s about ensuring that surviving loved ones gain a sense of closure.
From the first time you walk through the door, you will be treated with empathy and respect. A Fort Myers wrongful death lawyer at our firm will work with you closely to understand the devastating effects of the loss on your family and fight for all the compensation you deserve.
Call Bernheim Kelley Injury Lawyers at (239) 366-1111 today for a FREE consultation. Our wrongful death lawyers serve clients in Fort Myers, Naples, Sarasota, Tampa Bay, and other areas of Southwest Florida.
What Is a Wrongful Death Claim?
If somebody suffers an injury, they generally have the right to bring a claim for damages against the liable party. When someone dies because of an injury, the right to personal injury compensation survives their passing. Instead of a personal injury claim, the surviving loved ones of the decedent can bring a wrongful death claim.
A wrongful death claim is a civil cause of action. Most often, it is brought by the surviving family members of a person who was killed in an accident/incident that was caused by carelessness, recklessness, or other types of misconduct.
The core purpose of a wrongful death claim is to allow surviving family members to hold the responsible party liable for a fatal accident/incident that should have never happened. It is a path to justice, accountability, and financial support.
An Overview of Florida’s Wrongful Death Act
Wrongful death cases fall under state law. If your loved one was killed due to negligence in Fort Myers or elsewhere in Lee County, the case likely falls under the Florida Wrongful Death Act.
The law establishes the standards for who can file a wrongful death claim, what needs to be established to prove liability, and how much compensation can be recovered by surviving family members. It is crucial to entrust your case to a wrongful death lawyer in Fort Myers who understands the applicable statutes and can prepare a strong claim on your behalf.
Can You Sue for Wrongful Death in Florida?
Florida Statutes § 768.19 states that a wrongful death claim may be brought if the “wrongful act, negligence, default, or breach of contract or warranty of any person” causes the death of another. Prompt investigation by a wrongful death attorney can uncover evidence of these issues and help to ascertain your legal rights.
A wrongful death lawsuit is a common means of obtaining fair compensation, but it is not always necessary to file suit. Bernheim Kelley Injury Lawyers is recognized throughout Southwest Florida as a stalwart advocate for the injured and their families.
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Considering our reputation, insurance companies are less likely to make low-ball settlement offers. Sometimes, it is possible to settle wrongful death claims without having to file a lawsuit.
However, if an insurer doesn’t treat you fairly or refuses to offer a settlement that meets your needs, we won’t hesitate to sue and prepare the case for trial. At trial, we will deftly present your case and argue persuasively for a verdict in your favor.
What Types of Accidents Can Lead to a Wrongful Death?
A wrongful death lawsuit can be filed based on a wide range of different types of fatal accidents. Sadly, accidental deaths can happen in many different circumstances.
Here are some of the most common types of accidents that lead to wrongful death lawsuits in Fort Myers, Sarasota, Naples, and Tampa Bay:
- Car Accidents: Fatal auto accidents are a serious problem. Each year, approximately 100 people are killed in motor vehicle crashes in Lee County alone. Deadly car accidents require a comprehensive investigation by a wrongful death attorney.
- Truck Accidents: Truck accidents are a major public safety threat. Weighing as much as 40 times the size of a passenger car, a semi-truck is disproportionately likely to be involved in a fatal accident. Fatal tractor-trailer crashes must be investigated quickly so evidence is preserved and fair compensation can be sought.
- Pedestrian Collisions: Pedestrians are extremely vulnerable in the event of a collision. Even a relatively low-speed pedestrian crash can result in catastrophic injuries—or even a fatality. If your loved one was killed in a pedestrian collision in Lee County, contact our Fort Myers wrongful death attorney for help.
- Workplace Accidents: From 2013–2022, 2,882 workers in Florida were killed on the job. Surviving family members are generally entitled to death benefits through workers’ compensation. It is also important to determine if a third party contributed to the workplace fatality, in which case you may be able to bring a separate wrongful death claim.
- Boating Accidents: Fort Myers is situated on the banks of the Caloosahatchee River, so we’re no stranger to boats—or boating accidents. Issues such as inexperience, boating under the influence, and more can have deadly consequences and may give rise to a wrongful death claim.
- Premises Liability: Simply put, the guiding principle of premises liability law is that property owners are responsible for the safety of visitors who legally access the premises. You may have a wrongful death claim if your loved one died as a result of a slip-and-fall or other preventable incident on someone’s property.
- Defective Products: Manufacturers and other corporations must make sure that products are reasonably safe for consumers. Dangerous and defective products can cause deadly injuries and accidents. A wrongful death claim can be brought on the grounds of product liability.
- Medical Malpractice: Did you know that medical errors are one of the most common causes of death in the United States? A negligent doctor, hospital, or other health provider may be liable for a wrongful death on the grounds of medical malpractice.
Bernheim Kelley Injury Lawyers has extensive knowledge of these and other incidents. We have represented clients in settlement negotiations and in courtrooms throughout Florida, obtaining billions of dollars in results for those who have been injured or lost family members.
What Damages Can a Fort Myers Wrongful Death Lawyer Claim on Your Behalf?
The unfortunate reality is that no wrongful death claim can ever bring a person back. Nothing could truly be enough to set things right after a deadly accident. At the same time, surviving families need justice. The civil legal system in Florida makes financial compensation the primary remedy in wrongful death claims.
Under Florida law (Florida Statutes § 768.21), a wide range of economic damages and non-economic damages may be sought through a wrongful death claim in Fort Myers. These include:
- Out-of-Pocket Medical Costs: If you and your family incurred any out-of-pocket medical costs because of a fatal accident, compensation for those expenses can be sought as part of a wrongful death claim.
- Funeral and Burial Expenses: Funeral and burial expenses are a core part of wrongful death compensation in Florida. Expenses directly related to the death should be part of a wrongful death settlement or trial verdict.
- Mental Pain and Suffering: The damages in a wrongful death case are primarily non-economic. Pain and suffering is the most well-known example of non-economic damages. In a wrongful death claim, mental pain and suffering refers to the grief and bereavement experienced by surviving family members.
- Loss of Financial Support: A surviving spouse, minor children, the parent(s) of the victim, and other survivors may be entitled to compensation for loss of financial support, including damages such as loss of earnings, insurance coverage, and more.
- Loss of Support and Services: Not all support is financial in nature. Surviving family members may also recover damages for the loss of services provided by the decedent, such as contributions to the household, childcare, etc.
- Loss of Love, Companionship, Consortium, and Parental Guidance: Depending on the specific relationship between the victim and the claimant, compensation may include loss of love, loss of companionship, loss of consortium, loss of sexual relations, and loss of parental guidance.
- Punitive Damages (Limited Remedy): Punitive damages are a limited remedy in Florida for wrongful death claims. These are damages that are awarded to punish the intentional or extremely reckless conduct of the defendant (see Florida Statutes § 768.72). For example, punitive damages could potentially be granted if your loved one was killed by a drunk driver in Fort Myers.
The damages in a wrongful death claim must be supported by strong evidence, particularly when it comes to establishing (a) the relationship between the decedents and beneficiaries and (b) the support and services they provided. A Fort Myers wrongful death attorney at Bernheim Kelley Injury Lawyers can help you through the painful process of calculating your losses, getting to know your family so we can advocate for you effectively.
Is There a Cap on Wrongful Death in Florida?
A cap is a limit on the damages that may be recovered in a legal matter. Florida law imposes no cap on damages for wrongful death, except in claims brought against government entities. In these cases, damages are capped at $200,000 for a claim brought by a single individual and $300,000 for multiple claims arising from the same accident or incident.
Who Can File a Claim for Wrongful Death in Fort Myers?
Florida law is clear: A wrongful death lawsuit must be initiated by the personal representative of the estate of the decedent. The personal representative may be the executor of their will, or another person appointed by a court.
The personal representative is responsible for bringing the claim on behalf of the eligible surviving family, including:
- Spouse
- Children
- Parents
- Other dependents
How Are Wrongful Death Proceeds Divided in Florida?
If a wrongful death case settles or compensation is awarded at trial, it falls on the personal representative to ensure that the proceeds are divided equitably among the beneficiaries named in the lawsuit. The unique needs of each beneficiary, as well as their relationship with the decedent, need to be considered.
At Bernheim Kelley Injury Lawyers, we understand that the personal representative of a deceased individual has a lot on their plate. If negligence was a factor in the death and you are exploring legal action on behalf of the family, we encourage you to contact a wrongful death attorney without delay. The initial consultation is FREE, and anything you share will be kept in the strictest confidence.
How Much Time Do You Have to File a Wrongful Death Lawsuit in Fort Myers?
You have a limited amount of time to file a wrongful death lawsuit in Fort Myers, Naples, Sarasota, and Tampa Bay. The statute of limitations in Florida sets a strict deadline to bring your claim.
Under Florida Statutes § 95.11, there is a two-year statute of limitations for wrongful death claims. With limited exceptions—such as when the cause of action could not have been immediately known—a wrongful death lawsuit must be initiated within two years of the victim’s passing. Otherwise, the claim can be time-barred as a matter of law.
Wrongful death claims are complex. You do not want to wait to get started with a wrongful death action. Consult with an experienced Fort Myers wrongful death lawyer as soon as possible if you lost a loved one in a fatal incident.
Contact Bernheim Kelley Injury Lawyers for FREE Today
Wrongful Death FAQs
Multiple factors go into calculating the value of a wrongful death settlement. Ultimately, what constitutes fair compensation depends on a number of unique characteristics. These include:
- The decedent’s age at the time of death
- Number of dependents (spouse, children, etc.)
- Financial support, including prior income, earning potential, insurance benefits, etc.
- Household contributions of the deceased prior to death
- The nature of the relationships between the deceased and survivors
- How much the funeral and burial/cremation cost
- Whether death was instantaneous or occurred at a late date
- Any medical expenses incurred by the family and/or estate
There really is no such thing as an “average” wrongful death settlement. Knowing how much other families have recovered doesn’t help you quantify the specific losses in your case or determine whether a settlement offer is truly fair.
At Bernheim Kelley Injury Lawyers, we build genuine relationships with clients so we can understand their needs. This enables us to gain a complete picture of their losses and informs our strategy when negotiating a settlement.
It depends. Wrongful death claims are complex legal cases. With so much at stake, it often takes more time to resolve a wrongful death case than other types of personal injury claims.
Still, the duration of the process can vary widely depending on the specific circumstances. For wrongful death claims in Florida, the typical timeline is between several months and multiple years.
Of course, wrongful death cases that are settled are resolved more quickly than those that require litigation. It is important to get things right. No matter your circumstances, an experienced Fort Myers wrongful death lawyer can protect your rights and interests.
Is Florida an at-fault or no-fault state? For the purposes of a wrongful death claim, it is a fault-based jurisdiction. To hold a defendant legally liable through a wrongful death lawsuit, a plaintiff must prove fault. Most often, this requires establishing that the defendant’s negligence—failure to take due care—contributed to the fatal accident.
You must also prove that the negligence of the defendant caused your loved one’s death. In some cases, this is relatively straightforward, such as a fatal auto accident for which the other driver was clearly at fault. At other times, however, causation can be very difficult to prove; medical malpractice claims are one such example.
Finally, it must be shown that the wrongful death of your family member resulted in compensable damages. Both surviving relatives and the decedent’s estate may be entitled to compensation for certain losses.
Yes. Motor vehicle collisions are consistently one of the leading causes of wrongful death claims in our region.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there were 3,412 people killed in automobile accidents in 2023 alone. Every community in Florida is affected by deadly car crashes, with 120 car accident deaths reported in Lee County in 2023.
If you lost someone you love in a car accident, you’re not alone. Thousands of Floridians each year face the same situation you do but knowing that doesn’t change the difficulties of your situation. A Fort Myers wrongful death attorney at Bernheim Kelley Injury Lawyers could help you make a claim if your loved one died in a fatal motor vehicle accident due to the negligence of another party.
To bring a successful wrongful death claim in Fort Myers, you should be prepared to provide a full range of supporting documentation—including evidence of the defendant’s liability. You will also need to be sure that you obtain the official death certificate.
In Florida, you can obtain a death certificate through the proper county clerk’s office and/or through the state’s online portal. For a death in Fort Myers, for example, the death certificate can be obtained through the Florida Department of Health Lee County Vital Statistics office.
Strong evidence is essential for a successful wrongful death claim. The evidence you need depends on the circumstances that led to your loved one’s death, but may include:
- Witness statements
- Photographs of the accident scene
- Accident reports (if applicable)
- Video footage of the accident
- Medical records
- Testimony from expert witnesses
- Bills, receipts, and invoices showing financial loss
Our wrongful death lawyers waste no time investigating the incident and collecting important evidence. If the matter ends up going to trial, we will fight to get all evidence admitted so we can present the strongest case in court and advocate for the maximum award.
It depends. There are some unique factors that affect fatal workplace accident cases. In Florida, a workers’ compensation claim is the sole legal remedy that an injured worker has against his or her own employer. If a worker is killed on the job in Fort Myers or elsewhere in Lee County, surviving family members can file a workers’ comp death benefits. However, they generally cannot file a wrongful death lawsuit against the employer of the deceased.
Parties other than an employer, though, can be sued for a fatal workplace accident in Fort Myers. These types of workplace accident cases are called third-party liability claims.
If a death in a workplace happened because of any party other than the worker’s own employer, then a wrongful death lawsuit may be filed against the other party by the surviving spouse, surviving children, and/or other surviving family members. Contractors, subcontractors, property owners, manufacturers, and other defendants may be held liable for the worker’s wrongful death.
A survival action is a distinct claim that may be filed simultaneously with a wrongful death lawsuit in Florida. The purpose of a wrongful death lawsuit is to allow surviving family members to pursue civil compensation for their damages—such as funeral and burial expenses and loss of love, consortium, and companionship.
Meanwhile, a survival action is a type of legal claim that is designed to allow the estate to pursue compensation for the damages that the deceased victim suffered in the period between the accident and their death. These may include:
- Lost wages
- Medical expenses
- Pain and suffering
- Loss of enjoyment of life
In effect, a survival action allows the deceased’s personal injury claim to “survive” their passing. A survival action lawsuit may be warranted if the victim lived for hours, days, or even weeks/months after the initial accident. Our attorneys can pursue both a wrongful death claim and a survival action on your behalf.
What a Fort Myers Wrongful Death Lawyer Can Do for You
The wrongful death attorneys at Bernheim Kelley Injury Lawyers can handle all aspects of your case. Our work is not limited to communicating with insurance companies, filing lawsuits, and preparing for trial; we also make individualized legal service and accessibility a priority.
A Fort Myers wrongful death attorney can help you by:
- Reviewing your wrongful death case for FREE
- Discussing the legal options available to you and your family
- Promptly investigating and gathering evidence
- Identifying the party or parties at fault for your loved one’s death
- Reviewing your case with medical professionals and other expert witnesses
- Calculating the potential value of your claim
- Ensuring that all deadlines for legal action are met
- Acting as your advocate in settlement negotiations and, if necessary, at trial
- Making ourselves available to answer your questions and concerns
- Providing you with regular updates on the status of your case, including settlement offers
Too many law firms in Southwest Florida treat their clients like a case number. At Bernheim Kelley Injury Lawyers, we believe Real Justice is only possible when your voice is heard, and the outcome reflects the enormity of your family’s loss.
You aren’t just getting a wrongful death lawyer in Fort Myers; the full force of our whole firm is behind you. Decades of experience and knowledge are at your disposal, and we handle the complexities and sensitivities of wrongful death claims with the utmost diligence and integrity.
Contact a Fort Myers Wrongful Death Lawyer Today for a FREE Case Evaluation
Dealing with the loss of a family member in an accident that never should have happened is incredibly challenging. Bernheim Kelley Injury Lawyers understands that nothing could ever truly be sufficient to make things right. We also know that you and your family need Real Justice, true accountability, and the maximum amount of financial support.
Each Fort Myers wrongful death attorney at Bernheim Kelley Injury Lawyers is a compassionate, experienced advocate for families. If your loved one was killed due to the negligence of another party, we can help.
Call us at (239) 366-1111 today to set up your FREE, no-obligation initial appointment. Our wrongful death lawyers handle claims in Fort Myers, Lee County, and throughout Southwest Florida.