Fort Myers, FL Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence is devastating. The Fort Myers, FL wrongful death lawyers at Kogan & DiSalvo Personal Injury Lawyers provide experienced legal representation to families seeking justice, accountability, and financial recovery under Florida law. If your family member’s death resulted from negligence, misconduct, or a preventable accident in Lee County, you may have the right to pursue compensation through a wrongful death claim.

Florida’s Wrongful Death Act (Fla. Stat. § 768.16–768.26) establishes who can file a claim, what damages are recoverable, and the statute of limitations. Our legal team builds cases grounded in liability analysis, evidence preservation, expert testimony, and litigation strategy, with one goal: securing full and fair damages for surviving family members.

Speak with our Fort Myers office today at (239) 448-4099 for a confidential consultation.

When Do You Need a Wrongful Death Attorney?

You need a wrongful death attorney when a death was caused by negligence, recklessness, or intentional misconduct. An attorney protects your rights, preserves evidence, and ensures compliance with Florida’s statutory deadlines and procedural rules.

If your loved one’s passing involved a fatal car crash on I-75, a surgical error at a local hospital, a workplace incident, or unsafe property conditions, legal representation is critical. Wrongful death litigation often involves:

• Complex liability disputes
• Insurance carriers minimizing payout exposure
• Comparative fault defenses under Fla. Stat. § 768.81
• Strict filing deadlines (generally 2 years under Fla. Stat. § 95.11(4)(d))

Without experienced counsel, key evidence, such as surveillance footage, accident reconstruction data, or medical records, can be lost or challenged.

Unsure whether your case qualifies? Call our Fort Myers team for a direct case evaluation.

Fort Myers, FL Wrongful Death Attorneys

Fort Myers, FL wrongful death attorneys represent surviving families in civil claims seeking damages after a preventable death. They investigate liability, establish negligence, and pursue compensation through settlement or litigation.

At Kogan & DiSalvo, we conduct a full forensic and legal analysis, including:

• Accident reconstruction for fatal motor vehicle collisions
  
• Review of OSHA standards in workplace death claims
  
• Medical malpractice review under Fla. Stat. § 766.102
  
• Premises liability analysis under Florida negligence law

Our attorneys routinely handle cases in the Twentieth Judicial Circuit Court of Florida, serving Lee County. We understand local court procedures, defense strategies used by insurers, and jury expectations in Fort Myers.

Vehicle-Related Wrongful Death Cases

We handle fatalities arising from:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Rideshare Accidents
• Drunk Driver Accidents
• Distracted Driver Accidents

Fatal crashes along Colonial Boulevard, U.S. 41, or near the Caloosahatchee Bridge often involve multi-party liability and high-value insurance disputes. We pursue all responsible parties, including negligent drivers, employers, or manufacturers.

Calculating liability exposure in your case? Contact our Fort Myers wrongful death attorneys today.

Fort Myers, FL Personal Injury Lawyers Handling Fatal Claims

Fort Myers, FL personal injury lawyers handle wrongful death claims as a specialized category of negligence litigation. These cases require proving duty, breach, causation, and damages, just as in other personal injury matters, but with enhanced statutory rules.

A wrongful death claim is essentially a personal injury claim the deceased would have filed had they survived. Under Florida law, the personal representative of the estate must bring the claim on behalf of survivors (Fla. Stat. § 768.20).

Our firm’s broader personal injury experience strengthens wrongful death litigation by incorporating:

• Catastrophic injury damage modeling
  
• Economic loss projections
  
• Life expectancy tables
  
• Vocational expert testimony

If another party’s negligence caused the fatal injury, our Fort Myers legal team can assess the estate’s rights immediately.

Who Can File a Wrongful Death Claim in Florida?

Only the personal representative of the deceased’s estate can file the lawsuit. However, it is filed on behalf of surviving family members as defined by Florida statute.

Under Fla. Stat. § 768.21, eligible survivors may include:

• Spouse
  
• Minor children
  
• Adult children (in limited circumstances)
  
• Parents
  
• Blood relatives or adoptive siblings dependent on the deceased

The probate court typically appoints the personal representative. If no estate exists, one must be opened before filing the claim.

Need guidance on opening an estate in Lee County? Call our office for coordinated legal assistance.

Explanation of Damages from a Wrongful Death Attorney in Florida

Damages in a Florida wrongful death claim compensate survivors for both economic and non-economic losses. These include lost income, loss of support, funeral expenses, and emotional suffering.

Florida’s Wrongful Death Act allows recovery for:

• Loss of financial support and services
• Loss of companionship and protection
• Mental pain and suffering
• Medical and funeral expenses
• Loss of net accumulations to the estate

Economic damages are calculated using actuarial data, wage history, and future earning projections. Non-economic damages consider the relational impact between the deceased and survivors.

Under Fla. Stat. § 768.21, specific damage categories differ depending on the survivor’s relationship.

Want a precise damages estimate? Our Fort Myers wrongful death lawyers can provide a case-specific valuation.

Compensation Available in Florida Wrongful Death Claims

Compensation depends on the decedent’s earning capacity, age, health, and the survivor’s dependency. Courts award damages to make families financially whole under civil law standards.

Wrongful death settlements and verdicts may include:

• Past and future lost wages
  
• Loss of benefits (health insurance, retirement contributions)
  
• Household service replacement costs
  
• Emotional distress damages
  
• Estate-related losses

In egregious cases involving gross negligence or intentional misconduct, punitive damages may be available under Fla. Stat. § 768.72.

Insurance policy limits, asset discovery, and liability coverage analysis significantly influence potential recovery.

Before accepting any insurance offer, consult our Fort Myers office for a full damages breakdown.

Causes of Death and Your Wrongful Death Lawsuit

Wrongful death claims arise when negligence, recklessness, or misconduct causes a fatal injury. Establishing causation requires medical evidence, expert testimony, and legal analysis.

Common causes include:

• Fatal vehicle collisions
  
• Medical malpractice
  
• Defective products (products liability)
  
• Workplace accidents
  
• Nursing home negligence
  
• Dangerous property conditions

Each case requires proof of:

1. Duty of care
2. Breach of duty
3. Causation
4. Damages

We frequently collaborate with accident reconstruction experts, forensic pathologists, and economists to build persuasive claims.

Must-Know Facts Regarding Your Wrongful Death Claim

Florida imposes strict deadlines and procedural requirements in wrongful death cases. Acting quickly protects your legal rights and preserves critical evidence.

Timing

Under Fla. Stat. § 95.11(4)(d), you generally have two years from the date of death to file a wrongful death lawsuit. Exceptions are limited.

Costs

We handle cases on a contingency fee basis, you pay no attorney’s fees unless we recover compensation.

Court Process

Cases in Fort Myers are typically filed in the Twentieth Judicial Circuit Court. Litigation may involve discovery, depositions, mediation, and trial.

What Constitutes a “Wrongful Death” in Florida?

A wrongful death occurs when a person’s death is caused by a “wrongful act, negligence, default, or breach of contract or warranty” (Fla. Stat. § 768.19).

Concerned about filing deadlines? Contact our Fort Myers wrongful death law firm immediately.

This Is Why You Should Call Our Fort Myers, FL Wrongful Death Lawyers

Our firm combines statewide reach with local courtroom experience in Fort Myers. We represent families on contingency and operate 10 offices across Florida for accessible legal support.

Why families choose us:

• Proven litigation strategy
  
• Extensive investigation resources
  
• No upfront fees
  
• Direct attorney communication
  
• Strong negotiation leverage

From fatal crashes near Edison Mall to negligence cases arising in Lee County hospitals, our legal team understands local dynamics and defense tactics.

Fort Myers Office1375 Jackson Street, Suite 406
Fort Myers, FL 33901
(239) 448-4099

Fort Myers, FL Wrongful Death Law Firm Committed to Justice

A wrongful death law firm must combine legal precision with compassionate advocacy. Our Fort Myers-based team pursues accountability while guiding families through probate, litigation, and settlement negotiations.

We manage:

• Estate coordination
  
• Insurance carrier negotiations
  
• Structured settlement planning
  
• Trial representation

Every claim is built with evidence-backed strategy, statutory compliance, and aggressive advocacy.

Frequently Asked Questions

How long does a wrongful death case take in Fort Myers, FL?

Most cases resolve within several months to two years, depending on liability disputes, court schedules, and settlement negotiations.

What is the average wrongful death settlement in Florida?

There is no fixed average. Compensation depends on income history, age, dependency, insurance coverage, and the strength of evidence.

Can multiple family members recover damages?

Yes. Florida law allows various survivors to recover specific categories of damages under Fla. Stat. § 768.21.

What if the deceased was partially at fault?

Florida follows a modified comparative negligence rule (Fla. Stat. § 768.81). Recovery may be reduced proportionally.

Do wrongful death cases always go to trial?

No. Many cases settle during negotiation or mediation, but we prepare every case as if it will proceed to trial.

If your family is seeking justice after a preventable loss, the Fort Myers, FL wrongful death lawyers at Kogan & DiSalvo Personal Injury Lawyers are ready to protect your rights and pursue the compensation you deserve. Call (239) 448-4099 today for experienced legal assistance with wrongful death cases in Fort Myers, FL.