Wrongful Death Lawsuit Defined By Naples Lawyers
The loss of a family member, friend or loved one is a devastating experience but when it results from the negligence or intentional action of someone else, the inherent grief may be compounded by a sense of injustice.
When a death has occurred due to the misconduct of another party, surviving family members or beneficiaries can seek justice and compensation for their loss in the form of a wrongful death lawsuit.
Defining a Wrongful Death Lawsuit
According to the Florida Statute 768.19, the Florida Wrongful Death Act allows the estate of a deceased person to file a civil lawsuit if the death was caused by the wrongful act, negligence or breach of contract or warranty of another person.
Common instances of wrongful death cases include:
- Medical Malpractice
- Defective Products
- Workplace Accidents
- Automotive Accidents
Grounds for a Wrongful Death Lawsuit
For a wrongful death claim to be successful, certain conditions must typically be met. These include:
Negligence or Intentional Harm – The death must be shown to have been caused by another party’s negligent or intentional act. This could be a driver who ignored traffic laws, a manufacturer of a defective product or a medical professional who failed to meet a reasonable standard of care.
Breach of Duty – In many cases, the claimant must prove that the defendant had a duty of care to the decedent and that this duty was breached.
Causation – There must be a clear connection between the defendant’s actions and the death. The plaintiff must demonstrate that the negligence or misconduct was a direct cause of the fatality.
Types of Damages in a Wrongful Death Claim
Although there is no way to ever fully compensate for the loss of a loved one, a wrongful death lawsuit seeks to reclaim damages as best as possible. In many cases, this can be financial compensation such as medical expenses, funeral costs, loss of income and loss of benefits.
Non-economic damages may also be awarded in order to cover intangible losses that are often difficult to quantify but deeply impact the lives of surviving family members. These damages may include the pain and suffering endured by those left behind, as well as the loss of companionship, love and guidance that the deceased would have provided.
In certain cases, courts may also award punitive damages, which serve to punish the defendant for especially egregious or reckless behavior and aim to deter similar conduct in the future.
Hiring a Wrongful Death Lawyer
If you need a wrongful death lawyer in Naples, Florida, trust Bonaquist|Allen.
Located in the heart of Naples, Bonaquist|Allen has already recovered over $7.5 million for the survivors of wrongful death accidents in 2024.
With over 40 years of experience in the Southwest Florida court system, our attorneys know the legal system inside and out and will bring their expertise to your case. As long-standing members of the community, our attorneys will have the connections and critical insights you need to win your case.
The Bonaquist|Allen Law firm prides itself on professionalism. Our attorneys are easy to reach, and as a boutique firm, they will make sure your case is their top priority. Bonaquist|Allen meets every client and every case with compassion and understanding. The firm’s main goal is to make sure you return to your family, work or simply just your regular routine.
Whether you are in need of help understanding legal procedures around your case, require court representation or need experienced lawyers to stand in your corner, Bonaquist|Allen is the right firm for you.
Not only has Bonaquist|Allen had success representing wrongful death cases in Southwest Florida, but the firm also practices numerous personal injury cases, business and real estate law.
If you’re looking for a wrongful death lawyer in Naples, Florida contact Bonaquist|Allen today at 239-276-7127 or by visiting BonaquistAllenLaw.com.