Call Us Now
Email Us NowLakewood Ranch Wrongful Death Attorney
Losing someone because another person was careless is a different kind of pain, and no claim changes that. What a wrongful death case can do is hold the responsible party accountable and provide for the family the person left behind.
If your family is facing that in Lakewood Ranch, a wrongful death attorney in Lakewood Ranch at Legler, Murphy & Battaglia, LLP can carry the legal weight so you can be present for your family. We have represented families across Southwest Florida since 1989.
There is no rush to decide anything today. There is only a short window to protect the claim, and we can start that quietly on your behalf.
When you are ready to talk, call 941-251-1370. The conversation is free and there is no pressure.
Not sure where your loss leaves your family?
Call our office at 941-251-1370 for a free case evaluation.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the claim is filed by the personal representative of the person who died, on behalf of the surviving family. Individual family members do not each file separately. One claim is brought for everyone.
The personal representative is the person named in the will or appointed by the court to handle the estate. That person files, but the recovery is meant for the survivors the law recognizes. Under the Florida Wrongful Death Act, survivors can include a spouse, children, and parents, and in some cases others who depended on the person financially. If no representative has been named yet, we help the family get one appointed so the claim can move forward.
What Can a Family Recover in a Florida Wrongful Death Case?
A Florida wrongful death claim can recover both the family’s losses and the estate’s losses. These are meant to reflect what the person’s life provided, not to put a price on the person.
For survivors, that can include the value of lost financial support, the loss of companionship and guidance, and the mental pain of the loss, depending on the relationship. For the estate, it can include lost earnings and medical and funeral expenses tied to the death. Every family’s situation is different, so we do not attach a number early, and results depend entirely on the facts. What we can promise is a claim built honestly around what your family actually lost.
To understand what your family may be able to recover, call (941) 251-1370.
How Is a Wrongful Death Claim Different From a Criminal Case?
They are two separate matters. A criminal case punishes the at-fault person, while a wrongful death claim provides for your family, and one does not replace the other.
If the death came from a drunk driver or a reckless act, the State may bring criminal charges. That case can end in jail or fines, but it does not pay your family anything. Your wrongful death claim is the civil case that does, and it belongs to the family through the estate. The two can run at the same time, and evidence from the criminal case often strengthens the civil claim. You do not have to wait for the criminal case to end before protecting your rights.
What Causes Wrongful Death Cases in Lakewood Ranch?
Most wrongful death claims here come from serious crashes on a road network that keeps getting busier. As Lakewood Ranch grows, more traffic moves through University Parkway, Interstate 75, and State Road 70, and fatal collisions follow.
Fatal car crashes and motorcycle crashes are the most common sources we see, and motorcyclists in particular have little protection in a high-speed impact. Families who lost someone in a vehicle crash can look at our Lakewood Ranch car accident attorneys for how those cases work, and our Lakewood Ranch motorcycle accident attorneys for the specific issues in a fatal motorcycle case. Whatever the cause, the goal is the same: figure out who was responsible and hold them to it.
What is the Difference Between the Estate’s Claim and the Survivors’ Claims?
A Florida wrongful death case actually holds two kinds of losses at once: the survivors’ personal losses and the estate’s losses. Understanding the split helps families see where the recovery goes.
The survivors’ side covers what family members personally lost, like financial support, companionship, guidance, and the mental pain of losing the person. The estate’s side covers losses that belong to the person’s affairs, such as lost earnings, medical bills from the final injury, and funeral costs. One claim is filed by the personal representative, but the recovery is divided according to what each survivor and the estate is owed. We make sure nothing eligible is left off the claim.
How do you prove a wrongful death claim?
You prove it the same way as any injury case, by showing someone was negligent and that their negligence caused the death. The difference is the stakes and the care the investigation demands.
That work starts with the evidence from the event itself. In a crash, the official Florida crash report is a key document, along with scene photos, vehicle data, and witness accounts. From there we reconstruct what happened, identify every responsible party, and connect their conduct to the loss. Acting early matters because this evidence fades, and once it is gone it is difficult to rebuild.
To talk through what proving your family’s claim would involve, call (941) 251-1370
What If More Than One Party Was Responsible?
More than one party can share responsibility for a death, and identifying all of them can change what a family recovers. Fault does not always rest on a single person.
A fatal crash might involve the at-fault driver plus another party, such as an employer if the driver was working, a company that owned the vehicle, or a party responsible for a dangerous road condition. Each one may carry separate insurance, which can matter a great deal when one policy alone is not enough to cover the loss. Part of our early investigation is looking past the obvious defendant to find every party and every policy that should answer for what happened.
How Long Do We Have to File a Wrongful Death Claim in Florida?
In most cases, a Florida wrongful death claim must be filed within two years of the date of death under Florida Statute 95.11. Missing it usually ends the claim, no matter how clear the fault.
Two years can pass quickly when a family is grieving and settling an estate. That is one reason to let a lawyer handle the timeline early. We can begin preserving evidence and identifying the responsible parties long before the family is ready to think about a lawsuit, and there is no cost to start that process.
What a Lakewood Ranch wrongful death lawyer does for your family
We take on the entire legal side so your family does not have to. That means the investigation, the paperwork, the insurance companies, and the court, from start to finish.
In practice we identify who was at fault, find every insurance policy that applies, work with the estate so the claim is filed correctly, and negotiate firmly with the insurers. If they will not treat your family fairly, we are prepared to take the case to a jury in the 12th Judicial Circuit.
For the broader range of serious injury and loss cases, our Lakewood Ranch personal injury attorneys handle claims across the community. Throughout, we keep the process as calm and clear as we can, because you have enough to carry.
You pay nothing up front. You don’t pay until and unless we win your case.
Frequently Asked Questions
Yes. You do not need to have everything in place to make the first call. We can help your family get a personal representative appointed and begin preserving evidence right away, which protects the claim while the estate is still being sorted out.
Usually not. Many wrongful death claims resolve through negotiation once fault and losses are clear. We prepare every case as if it will go to trial, which often brings a fair settlement without one. If a fair resolution is not offered, we are ready to try the case.
Nothing up front. We work on a contingency fee, so our fee comes out of the recovery only if the claim succeeds, and the first consultation is free. A grieving family should never have to pay out of pocket to ask whether they have a claim.
Yes. Florida brings one wrongful death claim for the whole family through the personal representative, and the recovery can be shared among the survivors the law recognizes, such as a spouse, children, and in some cases parents. We make sure each eligible survivor is accounted for.
Often, yes. When a settlement involves the estate or minor children, a Florida probate court usually has to approve how the money is divided among survivors. It is a normal step, not a sign of trouble, and we handle the filings so your family does not have to manage the court process alone.
Speak With a Lakewood Ranch Wrongful Death Attorney
When you are ready, we are here to listen and explain your options in plain terms, with no pressure and no cost. Legler, Murphy & Battaglia, LLP has stood beside grieving families in Lakewood Ranch and across Southwest Florida since 1989.
All Injuries. All The Time.
Call 941-251-1370 when the time is right, or reach out online and we will follow your lead.
