Naples Wrongful Death Attorney

Helping Loved Ones After a Preventable Tragedy in the Greater Naples Area

The unexpected loss of a loved one is an unimaginable tragedy, and when that loss is caused by someone else’s negligence or wrongdoing, it can leave families struggling to cope with both emotional and financial burdens. At Lusk, Drasites & Tolisano, we understand the profound pain and confusion you may be experiencing. As experienced Naples wrongful death attorneys, we are here to help you seek justice and obtain the compensation your family deserves.

Call (239) 908-4930 today to discover how our Naples wrongful death attorneys can advocate for your family’s needs.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Unlike criminal cases, which focus on punishing the wrongdoer, wrongful death claims are civil lawsuits designed to provide compensation to the deceased person’s survivors. These claims can arise from a variety of situations, including:

• Car accidents caused by negligent drivers
• Medical malpractice resulting in fatal injuries
• Workplace accidents due to unsafe conditions
• Defective products causing fatal harm
• Acts of violence or criminal behavior

A wrongful death claim seeks to hold the responsible party accountable for their actions while providing financial relief to the surviving family members.

How to Prove Negligence

In order to prevail in a wrongful death lawsuit, specific legal elements must be proven. These include:

1. Duty of Care: The defendant had a legal obligation to act in a manner that ensured the safety and well-being of others. For example, drivers have a duty to follow traffic laws and operate vehicles safely.
2. Breach of Duty: The defendant failed to meet their duty of care through negligence, recklessness, or intentional misconduct.
3. Causation: There must be a direct link between the defendant’s breach of duty and the victim’s death. This means that the wrongful actions of the defendant directly caused the fatality.
4. Damages: The surviving family members have suffered measurable losses as a result of the death, such as medical expenses, funeral costs, lost income, and emotional suffering.

Who Can File for Wrongful Death in Florida?

Wrongful death law in Florida requires that a claim be brought by the deceased person’s personal representative, typically named in a will or estate plan. If no such document exists, a Naples judge can appoint a personal representative according to local and state laws. This representative brings the lawsuit on behalf of eligible survivors and the estate.

Florida law defines which family members may recover damages in a wrongful death case, including:

• Spouses
• Children
• Parents
• Other blood relatives or adopted siblings who depended on the deceased for financial support

What Compensation is Available from a Wrongful Death Lawsuit?

Successful wrongful death claims in Naples can result in various forms of compensation. Damages may include:

• Economic Damages:
  • Medical expenses incurred due to the fatal injury
  • Funeral and burial costs
  • Loss of the deceased’s present and future income and employment benefits
  • Loss of services and support the deceased provided to family members
• Non-Economic Damages:
  • Emotional pain and suffering
  • Loss of companionship, guidance, care, and protection

Frequently Asked Questions

How quickly should I contact a wrongful death attorney after losing a loved one?

It is highly recommended to consult a wrongful death attorney in Naples as soon as possible after your loss. Preserving evidence—such as surveillance video, accident scene records, and timely witness accounts—can be vital to building a strong wrongful death claim. Additionally, Florida’s statute of limitations generally allows two years from the date of death to file your case, which is strictly enforced in Naples and Collier County courts. Early legal guidance makes sure deadlines are met, documents are secured, and your family’s interests are protected from the start. When you reach out to Lusk, Drasites & Tolisano, our team thoroughly explains your options so you can focus on recovery while we manage critical legal details.

What if criminal charges are pending alongside a wrongful death claim?

Civil wrongful death cases and criminal prosecutions are distinct legal processes, though they can arise from the same events. When criminal charges such as manslaughter or homicide are pursued, they proceed in the criminal court system to seek penalties, including imprisonment or fines, for the accused. A wrongful death lawsuit in Naples is a civil matter focused on compensation for survivors. Often, both cases might progress simultaneously or independently. Our attorneys at Lusk, Drasites & Tolisano keep clients informed about potential overlaps and the impact that ongoing criminal cases may have on pursuing a civil wrongful death claim. Regardless of the outcome in criminal court, families can still seek civil remedies for the losses they have endured.

Can I file a wrongful death claim if the deceased did not have a will?

Yes, a wrongful death lawsuit can still be filed even if your loved one in Naples died without a will or formal estate documents. In such instances, the local court will appoint a personal representative to oversee the claim and distribute compensation to eligible survivors in accordance with Florida law. Our wrongful death attorneys in Naples regularly guide families through the necessary probate and legal processes, clarifying documentation, deadlines, and the steps needed to start your case. We ensure that every filing complies with Collier County rules, so your rights—and your family’s future—are protected from the outset.

Why Choose Lusk, Drasites & Tolisano?

With decades of experience serving clients in Naples, FL, and surrounding areas, Lusk, Drasites & Tolisano is a trusted name in personal injury and wrongful death cases. Our compassionate yet aggressive approach ensures that we provide unwavering support to grieving families while pursuing justice with determination.

When you choose us as your Naples wrongful death lawyer, you can expect:

• A thorough investigation into the circumstances of your loved one’s death
• Access to top experts and resources to build a compelling case
• Clear communication and regular updates throughout the process
• No upfront fees – we only get paid if we recover compensation for you

Contact Our Wrongful Death Attorney in Naples

If you have lost a loved one because of another person's negligence or wrongdoing, you do not have to face this difficult time alone. Our Naples wrongful death attorneys are here to guide you through the legal process, protect your family’s rights, and pursue the justice and compensation you deserve. Contact us today to schedule a consultation and let us help you take the first step toward healing and accountability.

We’re ready to listen to your story. Contact us today at (239) 908-4930 to schedule an appointment with our Naples wrongful death lawyer at our local office.