How to File a Wrongful Death Claim for Your Lost Loved One

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

Posted: September 12, 2019
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Woman holding flowers touches casket at Naples funeral after wrongful deathLosing a loved one is difficult at any time, whether or not it is expected. When the circumstances behind your loved one's passing were preventable, that grief is compounded. Death is deemed "wrongful" when it's caused by someone else either intentionally or due to negligence. Filing a wrongful death claim on behalf of your deceased family member can be complicated, especially when it must be filed within a specific time frame after the death when you're in mourning.

The first step in filing a wrongful death claim is to contact an experienced attorney. At the Kelleher Firm, our attorneys specialize in wrongful death lawsuits that stem from negligence, which often involve auto accidents, unsafe premises, and workplace injuries. James "Jim for Justice" Kelleher and our entire legal team will work to achieve the best possible outcome for your case. No amount of compensation can mitigate your grief but awarded damages can ease your financial burden and hold those responsible accountable for their actions. 

We're available 24/7 and can help you through the claims process and reach justice for your lost loved one.

Who Can File a Wrongful Death Claim? 

A spouse, the parents of a minor child, and children who've lost a parent can file for wrongful death in all 50 states. Adult children, parents of adult children, grown siblings, and extended relatives such as cousins vary by state. In some circumstances, a romantic partner can file a wrongful death claim. A representative of the deceased's estate can file a case on behalf of surviving close family members. 

Liability & The Burden of Proof in Wrongful Death Cases

The defendants in wrongful death lawsuits can include motorists, such as cases that involve texting and driving or driving under the influence of drugs or alcohol. Trucking companies, product manufacturers and designers, pharmaceutical companies, and property owners can also be held liable. These claims must meet a burden of proof that may involve: 

  • Determining if the death was the fault of someone else. 
  • Establishing whether the defendant owed the deceased a duty of care and if they acted carelessly in that duty.
  • Failure to warn of dangerous premises, product defects, or other instances for wrongful death claims that involve premises liability or product liability.

It's crucial to contact a wrongful death attorney as soon as possible to make sure you file within the correct time frame. The Statute of Limitations for wrongful death claims in Florida is two years from the date of your loved one's passing. 

Recovering Damages for the Wrongful Death of a Loved One 

Wrongful death claims are cases in which the deceased would have had a personal injury claim if they survived the accident or injury. Monies awarded in wrongful death lawsuits encompass a range of expenses and losses such as funeral expenses, end-of-life medical care, loss of financial contribution, and loss of companionship, parental guidance, inheritance, and future benefits. 

The Consultation is Always Free at The Kelleher Firm in Naples & Ft Myers

If you've lost a loved one due to the negligence of someone else, our attorneys can help you pursue justice and damages for your deceased family member. Contact the Kelleher Firm in Naples and Fort Myers today at (833) 546-3675 for a free consultation. We serve clients in surrounding Florida areas and work on a contingency fee basis. 

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