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What Family Members Need to Know After a Fatal Accident in Florida

May 19, 2025 | Category: Automobile Accidents, Wrongful Death | Share

If you have lost a loved one in a fatal accident, we offer our sincere condolences. The impact on loved ones is devastating. We have helped many families in your situation, and we know how incredibly difficult it can be to even think about taking legal action. But we also know that talking to a Fort Myers wrongful death lawyer immediately in this situation is incredibly important, as taking appropriate legal action can be essential for families’ long-term financial stability and emotional wellbeing.

Most family members who are coping with the loss of a loved one in a fatal accident have lots of questions—and this is completely understandable. No one expects to be in this situation, and no one plans for this situation in advance. While we strongly encourage you to contact us for a free, no-obligation consultation, this article provides a brief introduction to what grieving families need to know.

7 Important Facts for Grieving Families in Florida

Here are seven important facts for grieving families in Florida:

1. Grieving Families Have Clear Legal Rights

Regardless of the specific circumstances surrounding their loved one’s death, all grieving families in Florida have clear legal rights. These rights include:

  • The right to find out what happened and why;
  • The right to find out who (or what company) is responsible; and,
  • The right to seek compensation for the financial and non-financial consequences of their loved one’s fatal accident.

If you have lost a loved one in a fatal accident, asserting your legal rights is important. The financial and non-financial consequences of a fatal accident can be substantial, and asserting your legal rights is the only way to hold the at-fault party (or parties) accountable.

2. It Is Important to Investigate Your Loved One’s Fatal Accident Promptly

If you believe that your family may have a wrongful death claim (or if you don’t know and want to find out), it will be important to investigate your loved one’s fatal accident promptly. Key evidence can disappear quickly, so it is important to try to preserve the available evidence as soon as possible.

To be clear, investigating your loved one’s fatal accident is not something that you should try to do on your own. Not only can this potentially be dangerous, but there are specific steps involved in preserving evidence so that it remains admissible in court. When you hire a Fort Myers wrongful death lawyer at Spivey Law Firm to represent your family, one of his or her top priorities will be to collect and preserve any and all evidence that may be available.

3. Multiple Parties Could Be Liable for Your Loved One’s Untimely Death

One of the reasons for investigating your loved one’s fatal accident is to determine who (or what company) is responsible. When deciding whether to take legal action, it is important to keep in mind that multiple parties could potentially be liable for your loved one’s untimely death.

For example, if your loved one was tragically killed in a fatal auto accident, it will be important to find out who owned the vehicle and if the other driver was working at the time of the collision. If so, then not only might the driver be liable, but the vehicle owner or the driver’s employer (or delivery or rideshare company) could be liable as well. Or, if your loved one’s brakes failed or a vehicle defect contributed to the accident, your family may have a claim against his or her vehicle’s manufacturer in addition to having a claim against the driver.

4. Wrongful Death Cases Can Include Claims for Financial and Non-Financial Losses

When deciding whether to take legal action, it is also important to keep in mind that wrongful death cases can include claims for both financial and non-financial losses. For example, in a typical case, eligible family members will be able to seek to recover damages for:

  • Their loved one’s medical expenses prior to death
  • Loss of their loved one’s future earnings
  • Pain, suffering, and emotional trauma
  • Loss of support, services, and contributions to the household
  • Loss of companionship, consortium, and enjoyment of life

While every case is unique, damages in wrongful death cases will often be substantial. Once you hire a Fort Myers wrongful death lawyer, your family’s lawyer will be able to provide you with a realistic assessment of the damages your family may be able to recover.

5. Filing Restrictions Apply to Wrongful Death Claims in Florida

While grieving families have clear legal rights under Florida law, they must also comply with the state’s filing restrictions in order to assert their legal rights effectively. These include restrictions on who is eligible to file a wrongful death claim, among others. The experienced attorneys at Spivey Law Firm can help, and will provide legal representation throughout the process.

6. You Can Hire a Lawyer to Represent Your Family at No Out-of-Pocket Cost

Hiring a Fort Myers wrongful death lawyer to represent your family should not cost you anything out of pocket. At Spivey Law Firm, we handle these types of cases on a contingency-fee basis. This means that your family will not need to pay a retainer fee or monthly legal bills, and our legal fees (if any) will be calculated as a percentage of the damages we help your family recover. There are no upfront costs, and we advance all costs throughout the litigation.

7. Most Successful Wrongful Death Claims Do Not Go to Court

If you decide to file a wrongful death claim, there is a chance that you will need to go to court to fight for the damages your family deserves. However, most successful wrongful death claims settle well before trial. In these cases, we will typically be dealing with the at-fault parties’ insurers, and we will focus on negotiating a settlement that provides the compensation your family deserves.

Schedule a Free, No-Obligation Consultation with a Fort Myers Wrongful Death Lawyer Today

If you need help deciding whether to take legal action after a fatal accident in Florida, we invite you to get in touch. To schedule a free, no-obligation consultation with Fort Myers wrongful death lawyer Randall L. Spivey, you can reach the Spivey Law Firm, Personal Injury Attorneys, P.A. at (239) 337-7483 or toll-free at 888-477-4839 or contact us online at SpiveyLaw.com today.

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