Skip to Content
Free Consultation 239-603-6913
Top

Blogs from 2022

    • Clear All

Most Recent Posts from 2022

  • A car accident can lead to catastrophic injury, and one of the most common injuries is spinal cord damage. Catastrophic injuries are life-altering by nature, and few are more life-altering than spinal cord injuries. They are characterized by pain, loss of mobility, and exorbitant medical expenses. Not all vehicle crashes are the same, and while some minor collisions can result in unfortunate spinal damage, these injuries are more common in high-velocity crashes.

    Why are Spinal Injuries Common in Auto Accidents?

    Car accidents often lead to spinal damage because your body is banged about in a crash, and these sudden blows damage the spinal cord and the sensitive tissues around it, like discs, vertebrae, and ligaments. Depending on the speed and final resting place of a vehicle post-crash, a spinal cord could be severed, crushed, or dislocated. Car accidents are variable incidents, and they don’t always end the same way, even when the conditions are similar. Spinal cord damage in one high-velocity crash can be minor, but a similar crash could just as easily create irreparable damage to the spinal cord and nervous system. The intensity of the trauma experienced in a car crash and the way a body impacts its surroundings will be the ultimate determining factor in a spinal injury.

    What is a Spinal Cord?

    A spinal cord is a bundle of cylindrical nervous tissues housed in a long bone. The long bone is the vertebrae, and it is an extremely sensitive body part that, when damaged, can leave lasting trauma. Car accidents commonly result in spinal injuries. From the cord to the bone to the disc, spinal injuries cause victims to experience long periods of severe pain and suffering.

    A spinal injury can leave a person with long-term injuries and disabilities, including:

    • Paralysis
    • Loss of feeling
    • Spasms
    • Pain
    • Coughs
    • Breathing Issues
    • Bowel & Bladder Control

    Spinal injuries are complex and require intricate medical care and high levels of physical therapy. Car accident victims may need years of treatment to recover, and some may never fully recover. When the damage caused by a spinal injury is permanent, a patient can receive therapy to learn to manage their new limitations, but they may need living assistance and mobility devices for the rest of their life. In addition to the limited mobility a spinal injury can cause, it can also lead to a loss of income and ability to work in any capacity.

    Tips for Avoiding Serious Injuries in a Car Accident

    No one plans to get in a car accident, so the best way to protect yourself while operating a vehicle or riding as a passenger is to adhere to safety best practices. You can reduce your risk of injury by taking a few safety precautions, like:

    • Seatbelts should always be worn. The saying is, no matter how far, no matter which car, you should always buckle up.
    • Ensure any children riding in a car are in the safest seat suggested by medical professionals and safety experts. If a child is old enough to wear a booster seat or seat belt, ensure they are wearing them correctly.
    • When your car receives maintenance or scheduled services, have your airbags checked to ensure they are in good condition and not faulty.

    If you’ve been the victim of a car accident that wasn’t your fault and you sustained injuries, you may be entitled to compensation. Reach out to Pittman Law Firm, P.L. at (239) 603-6913 to schedule a free initial consultation to get started on your claim and learn more about what our skilled team can do for you.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Car Accidents Can Cause Spinal Cord Injuries
  • We’ve all driven on a road where we’ve seen items on the side of the easement and wondered how it got there. It’s not uncommon to see sofas, mattresses, or chairs littering highways and roadways. Have you ever stopped to wonder how they ended up there or did they hit anyone’s car on the way to the side of the road?

    If you’re traveling behind a hypothetical truck with poorly secured cargo, and it falls into the roadway impacting your car, who’s liable?

    Who is Responsible When Something Falls from a Vehicle and Hits My Car?

    In this hypothetical scenario, the liability would be on the truck driver to cover any damages and losses caused by their failure to properly secure their cargo. If you or your passenger were injured by the item or an accident was caused by the falling item, the truck driver’s insurance provider would assume the liability.

    In cases where the driver was responsible for the fallen item but didn’t know it fell from their car and continued driving, you would likely be forced to file an insurance claim with your provider under your uninsured motorist coverage. If you don’t have this coverage, you should ensure you add it to your policy. It’s typically an affordable add-on, and it could save you immensely if you find yourself needing to cover an accident that wasn’t your fault.

    Additional Tips for Handling Roadway Debris Accidents

    If you find yourself evading roadway debris, once you’ve hopefully survived the harrowing experience, it can be difficult to know what you should do next. With so much adrenalin coursing through your body after such a serious incident, you would need to start by calming down.

    Then, you would do the following:

    • Stop Your Car and Pullover: The first thing you should do if debris has impacted your car while driving is to find a place to stop your car. If the debris impacted your window, shattered it, or caused noticeable damage, you should pull over to a safe place and access the damage to your vehicle. If the driver of the cargo vehicle pulled over, you should exchange information and contact law enforcement to have an accident report generated.
    • Identify the Liable Party: When debris falls from a vehicle, it’s not the same as a traditional car accident. Even if you saw the debris leave the truck and impact your car, assigning liability may not be so straightforward. Law enforcement will generate an accident report; your legal representative can use this to help determine liability.
    • See a Medical Professional: Visit a doctor and get checked out after the accident. Ensure you aren’t suffering from any unseen injuries. Medical treatment early can ensure you have a record of your exam and receive any treatment needed after your accident. Keep all the paperwork from your visit just in case you need them for a personal injury claim.
    • Secure Comprehensive Insurance: Once you’ve been in this type of accident, it teaches you a lesson about insurance coverage and planning for unlikely events. Comprehensive insurance coverage protects you against most unforeseen incidents you may experience while driving your vehicle, like fallen debris impacting your car.
    • Practice Defensive Driving: Remain alert while you’re driving. Work on practicing defensive driving techniques to ensure you can avoid objects in the road in the future. Keep your eyes on the road and learn to maneuver around obstacles in the road to avoid an accident whenever possible.

    Help With Your Bonita Springs, Naples, & Fort Myers Car Accident Claims

    Car accidents are traumatic events, so if you and someone you love were injured in a car crash in Bonita Spring, Naples, Fort Myers, or a nearby community, contact Pittman Law Firm, P.L. at (239) 603-6913 to schedule a consultation. We can review your case and help you navigate the car accident claims process.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Who is Responsible if Debris Hits My Car While Driving?
  • Drunk driving is a serious problem across the United States, and Florida is no exception. Impaired drivers in Florida caused 15,349 crashes in 2021, which led to the deaths of 799 Floridians in drunk driver-related automobile accidents. Drunk drivers pose a serious threat to those sharing the roadway, and impaired driving incidents are at the highest points they’ve been since 2006. You can’t control what other people do in their automobiles, but you can learn to be on the lookout for these common signs that a driver is intoxicated.

    Erratic Driving: When a driver is drunk, they can struggle to control their vehicle and keep it within the established lines on the road. They may even drive over to the opposite side of the road into oncoming traffic. It’s not uncommon for drunk drivers to experience fatigue, blurred vision, and dizziness. These problems can make it difficult for drunk drivers to operate their vehicles safely. If you are behind a drunk driver or in the opposite lane, they may notice the other driver is weaving in and out of traffic and incapable of steady driving. Look out for anyone operating their vehicle erratically.

    Reckless Driving: An intoxicated driver has impaired judgment. It’s difficult for a drunk driver to remain cautious and prudent while driving. They often make irresponsible driving choices, like speeding, racing, driving in the wrong direction, ignoring traffic signs, driving without lights, and tailgating. When under the influence of drugs or alcohol, impaired drivers operate their vehicles recklessly and erratically. If you’ve noticed a driver making dangerous or risky choices, it could be a sign the driver is impaired.

    Driving Slowly: It may seem like going slow would be good for drunk drivers, but that is not true. When a driver is on the road not adhering to driving conventions, they create unsafe roadway conditions. Usually, impaired drivers go slowly to avoid detection, but sometimes they are unaware of their surroundings and don’t realize the speed limit. Being inebriated or under the influence of drugs can make a driver feel dizzy and confused, so be on the lookout for extremely slow drivers on a roadway with a higher speed limit.

    Unexpected Stopping: Drunk drivers can suddenly pass out or feel extremely tired while trying to drive their vehicle. If they fall asleep behind the wheel or pass out, the vehicle can stop suddenly without a driver in operation. Sometimes you may encounter an inebriated driver asleep at a traffic light or slowly drifting from the road or between lanes as their vehicle comes to a stop.

    Ignoring Driving Rules: All drivers break driving laws occasionally, so this tip can be difficult to use effectively. While a sober driver may speed up to miss a red light, an intoxicated driver is likely to make multiple consecutive driving infractions. Be on the lookout for drivers speeding, making illegal lane changes, failing to stop, turning without a signal, making illegal turns, or driving the wrong way on a one-way street. If a driver ignores more than one roadway rule, it can be a sign of intoxication.

    Late Night Excursions: Most drunk driving accidents happen after bars and clubs have closed, usually on Friday and Saturday nights. Between 2 and 3 am, roadways can be particularly dangerous, so avoiding the roadways can make it less likely to encounter a drunk driver.

    If you think you’ve encountered a drunk driver, it’s crucial to maintain a safe distance and call 911. You can report the license plate of the drunk driver and give officers a description of the vehicle. You should never try to engage a drunk driver or get close enough to cause a collision.

    Florida Car Accident Attorney

    Not every automobile accident can be evaded, but you may be able to avoid drunk driving accidents by learning to spot an intoxicated driver and being ultra-vigilant when sharing the road with them. When you’re driving, it’s important to give yourself as much time as possible to get to your location. If you’re involved in a car crash with a drunk driver, the experienced Florida car accident attorneys at Pittman Law Firm, P.L. can help you hold negligent drivers accountable. Call us today at (239) 603-6913 to schedule a consultation and case review.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Quicks Tips to Help Florida Drivers Spot and Avoid Drunk Drivers
  • No one wants to get in a car accident, but it can be even more stressful if you’ve been involved in an accident where the other driver left before exchanging information or waiting for law enforcement. Hit and run automobile accidents are frustrating, and while they happen in Florida, they aren’t as common as other types of automobile incidents. The most difficult part of dealing with a hit-and-run incident in Florida is knowing how to proceed after the accident. Fortunately, if you can find the offending party, they can be held accountable under Florida hit and run laws. If you’ve seen an uptick in hit and run incidents in your area, you can check your insurance coverage to ensure you have coverage to address the issue. Unfortunately, there is very little you can do to prevent hit and run accidents, so your best option is to ensure you are equipped to protect yourself and manage your affairs if you’re involved in one.

    Hit-and-Run Laws in Florida

    According to Florida law, if a driver is involved in an auto accident, they must remain at the scene long enough to meet two legal requirements.

    According to Florida Hit and Run Laws, found in section 316.06, drivers have a “duty to give information and render aid.” —

    The driver of any vehicle involved in a crash resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall give his or her name, address, and the registration number of the vehicle he or she is driving, and shall upon request and if available exhibit his or her license or permit to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash and shall give such information and, upon request, exhibit such license or permit to any police officer at the scene of the crash or who is investigating the crash and shall render to any person injured in the crash reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that treatment is necessary, or if such carrying is requested by the injured person.

    First Requirement: Drivers involved in an accident must exchange personal information, like automobile insurance, license and registration, and name and contact information.

    Second Requirement: Drivers must remain at the scene long enough to provide aid if the other party is injured.

    Consequences of Violating Florida Hit-and-Run Laws

    In 2014, Florida's hit and run laws were made even stricter after a hit and run driver killed a cyclist. The father of two was the inspiration for the Aaron Cohen Life Protection Act, found in section 316.027 of Florida law.

    • If a driver leaves the scene of an accident where there was property damage, they could face second-degree misdemeanor charges, up to 60 days in prison, and a $50 fine.
    • If a driver leaves the scene of an accident where someone was injured, they could face second or third-degree felony charges, up to 5 years in prison, and a $5,000 fine.
    • If a driver leaves the scene of an accident where someone was killed, they could face a first-degree felony charge, a revoked driver’s license, and a minimum of 4 years in prison or as many as 30 years.

    What Should You Do if You’re Involved in a Crash?

    Now that you know the law, you need to know how to protect yourself and take charge at the scene if you’re involved in a hit-and-run accident. If you are able, the first thing you should do is call authorities and wait at the location. It’s important to remain at the scene in case the other driver is injured and incapable of contacting lifesaving assistance.

    Law enforcement professionals advise drivers involved in a hit and run or any automobile incident should:

    • Remain Calm as Possible
    • Exchange Information With the Other Driver When Possible
    • Attempt to Provide Aid Where Needed
    • Take Photos of the Scene and Share Details With Authorities

    All automobile accidents are scary and frustrating, but prematurely leaving the scene of a hit-and-run accident can have life-altering consequences for everyone involved.

    Fort Myers Car Accident Attorney

    If you or someone you love has been involved in a car accident in Florida, you may need the assistance of the Fort Myers car accident attorneys at Pittman Law Firm, P.L. Our lawyers can work with you to review the details of your case and determine if you have legal options available to you. Call us today at (239) 603-6913 to schedule a consultation and case review.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    What To Do If You’re Involved in a Hit & Run Accident in Florida
  • Each season brings with it driving challenges, and spring is no exception. After dealing with the annoyances of winter, the coming of spring is a welcome event on the calendar. We don’t worry much about winter here in Florida, but spring driving can present challenges for us as the roads present different difficulties than we may be expecting. You should always execute defensive driving skills and remain alert while behind the wheel of your car or truck. By the time spring rolls around, drivers must be even more careful when driving. Many of the most common hazards that pose problems for even the most diligent driver happen during spring. Here are a few of those dangers our Naples personal injury attorneys want you to watch out for:

    1. Roadway Damage: Weather conditions gradually break down the integrity of road materials, causing cracks, potholes, and permanent water slicks. Spring is known for heavy rains, so it can be challenging to spot roadway issues. When there are pockets of water, slick areas, or cracks, it’s easier to lose control of your vehicle, especially at higher speeds.
    2. Glare: While spring is known for late-season showers, it’s also when we start to enjoy more sunny days. With sunny days comes glare from both inside and outside of your car. On a bright and sunny day, sunshine through your windshield can cause a glare from the glass that is blinding. You also have to worry about the sun interacting with other glass surfaces in your vehicle, like phones and tablets. Glare is a leading factor in automobile accidents during early morning and sunset.
    3. Cyclists: While it doesn’t get too cold in Florida, riding your bike for long sessions during the winter can be uncomfortable. So, as soon as the weather permits, you should expect to see an increase in motorcycles and bikes sharing the roadway. More bikes and motorcycles mean more traffic and a greater potential for accidents. It’s easy to miss a biker or motorcyclist when changing lanes, so it’s important to remember the rules of sharing the road with cyclists.
    4. Kids & Pets: Yes, kids play in the winter, and people walk their dogs year-round. Once the weather is nice outside, people come outdoors to play, and many of those people are kids. Additionally, pets are often outdoors more when people spend time outside. Pay closer attention when driving through residential areas because you may need to brake immediately or swerve to avoid those who may enter the road without knowing the danger.
    5. Other Animals: If you live outside the city in a more rural area, you will need to pay close attention to other activities on the road from wildlife. Spring is the mating season for many animals, and they are also coming out in search of food after hiding out during the winter months. There is a more dangerous situation during evening hours when it’s harder to see animals congregating on the side of the road or in the easement. Animals can dart out into the street and cause drivers to lose control of their vehicles or strike other vehicles trying to avoid animals.
    6. Rainy Days: Spring is known for rainy days. All those beautiful flowers associated with spring need rain showers to pop up, but rainy days mean slick roadways. It can be harder to see when it’s rainy and gloomy outside. Long driving stints can lead to faster eye fatigue and strain. The best way to combat this problem is by ensuring your vehicle is ready for the challenge. Have you checked your windshield wipers? Do you have good tires? Have you checked your headlights? Ensuring your vehicle is prepared for rainy day weather is just as important as how you drive in these unfavorable conditions.

    Florida Accident Attorney

    Automobile accidents can be emotionally devastating and damaging to you and your property. When you’re driving, it’s essential to make smart choices when you’re behind the wheel and give yourself time when traveling. If you’re involved in an automobile crash, our experienced Florida accident attorneys at Pittman Law Firm, P.L. can help determine if legal action is necessary. Call us today at (239) 603-6913 to schedule a consultation and case review.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Six Driving Dangers to Watch for This Spring
  • After being involved in an accident, you will undoubtedly feel overwhelmed. There are many steps to take in the immediate aftermath and, amidst the chaos, you may not want to prioritize medical assistance if you believe your injuries are not serious. However, this is a big mistake. Even if you do not appear to be seriously injured after an accident, you should seek medical attention as soon as possible.

    The Importance of Medical Care After an Accident

    Seeking medical attention after an accident is important for two reasons – it can protect your health and it can protect your personal injury claim. Not all injuries immediately present symptoms, especially with all the adrenaline and endorphins flowing through your body due to the trauma and high-stress nature of the situation. As a result, it could take several hours or even days before symptoms of your injuries become apparent. Unfortunately, seemingly minor injuries can develop into more serious ones if they are not treated in a timely manner.

    Failing to seek medical treatment as soon as possible can also impact your claim. The insurance company will see this gap in treatment and argue that the injuries you have are unrelated to the accident. Seeking medical treatment will result in the documentation of your injuries, which is why it is crucial to get this started after the accident. You do not want to risk the insurance company claiming that something else caused your injuries.

    After seeking medical treatment, you must follow all of your doctor’s recommendations, including physical therapy, filling any necessary prescriptions, taking time off from school or work, and attending scheduled follow-up appointments. If you do not follow your treatment plan, this can also harm your settlement, so be sure to follow your doctor’s recommendations.

    Schedule a Free Case Evaluation with an Experienced Personal Injury Attorney Today!

    At Pittman Law Firm, P.L., our personal injury team can provide the exceptional legal representation you need to obtain fair and just compensation for your injuries. In Florida, you have 4 years to file a personal injury claim, so do not hesitate to get started on your case. Our team will work tirelessly on your behalf to hold the responsible party accountable for your pain and suffering.

    Reach out to our law firm today at (239) 603-6913 to schedule a free initial consultation to get started on your claim and learn more about what our skilled team can do for you.

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Why You Should Seek Medical Care After an Accident
  • Whether you are enjoying a leisurely ride, exercising, or even commuting to work, many people in Florida and other states ride bicycles for various reasons. However, roads in the United States are dangerous for cyclists.

    The most common cause of injury to cyclists is being struck by a motor vehicle. Drivers often hit cyclists when they are making left and right turns, when they do not make room while passing when they rear-end them, and when they even open their doors.

    According to the National Highway Traffic Safety Administration (NHTSA), a total of 846 cyclists were killed and approximately 49,000 were injured in auto accidents in 2019 alone. In most cases involving fatal collisions, the most serious injuries involve the head.

    The following are five safety tips for bicyclists when sharing the road with motor vehicles:

    1. Wear a helmet – Adults and children must wear a helmet while biking. According to a 2016 study from researchers at the University of South Wales, wearing a helmet reduces the risk of a serious head injury by almost 70 percent. Ensure the helmet is certified by the Consumer Product Safety Commission. The helmet is most effective when it is properly fitted to your head.
    2. Check your equipment – Before you ride, always inspect your bike. Make sure the seat is adjusted to the proper height and locked in place, all bicycle parts are in working order and secured, and the tires are properly inflated. If your bike does not have these items already, equip it with rear, front, pedal, and spoke reflectors, as well as a bell or horn, a rear-view mirror, and a bright headlight.
    3. Be visible to others – To ensure drivers and others on the road see you, you can wear bright, fluorescent, or neon clothing. If you can, try to ride during the day. If you need to bike at night, wear reflective attire and use flashing lights to catch the attention and eye of drivers in the dark.
    4. Follow the traffic laws – In general, cyclists must adhere to the same traffic laws as motorists. Ride single file in the direction of traffic. Use hand signals when turning. Stay alert and keep your head on a swivel to watch out for potential road hazards. Before entering traffic, stop and look left, right, and then once again left and over your shoulder.
    5. Limit distractions – While distracted driving has now become one of the most common causes of car accidents in the U.S., biking while distracted is just as dangerous. Avoid listening to extremely loud music while driving, using a water bottle that is difficult to open with one hand, and especially texting while riding.

    If you have been injured in a bicycle accident in Bonita Springs or within the surrounding area, call Pittman Law Firm, P.L. at (239) 603-6913 or fill out our online contact form today to schedule a free consultation. With more than 30 years of legal experience, our legal team has recovered millions of dollars on behalf of our clients!

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    5 Safety Tips for Bicyclists
  • From roller coasters and spinning rides to bumper cars and water slides, amusement parks have plenty of rides and attractions for the whole family. There are dozens of amusement parks in South Florida that attract thrill-seekers all year round.

    However, thousands of people suffer injuries from amusement park rides annually. Common injuries include traumatic brain injuries (TBIs), spinal cord injuries, broken and fractured bones, torn ligaments and muscles, cuts and bruises, and even heart attacks and stroke from the traumatic experience.

    According to the federal Consumer Product Safety Commission (CPSC), the following are the most common causes of amusement park accidents, injuries, and fatalities in the United States:

    • Mechanical issues with the ride – Amusement park operators are responsible for ensuring that their rides and attractions are safe for visitors and properly maintained. If a ride is not properly inspected and maintained, a malfunction could occur and lead to a devastating accident. Mechanical problems are also caused by a manufacturing defect. Common examples of mechanical issues include when a roller coaster car detaches when a lap bar detaches, or a structural component malfunctions.
    • Improper ride operation – Improper operation of a ride occurs when a ride operator stops the ride at the wrong time, incorrectly latching lap bars or seatbelts, fails to check if a rider is properly secured, fails to conduct pre-ride inspections, or otherwise fails to correctly perform his/her job duties.
    • Passenger negligence – When a passenger misuses the ride or fails to adhere to the safety instructions, passengers can injure or even kill themselves and perhaps others. Common examples of passenger negligence include standing up during the middle of the ride, intentionally rocking a car, or sitting improperly.
    • Inherent nature of the ride – Some amusement park rides cause injuries because they are simply dangerous by design or nature. Riders must always read the ride warnings and avoid rides that may likely cause injury based on the person’s age and health conditions.

    If a park operator or employee causes an accident due to carelessness or inattention, then the injured party may file a personal injury lawsuit based on negligence. Amusement parks are responsible for their employees’ actions, so they can be held liable for failing to properly train ride operators, failing to maintain equipment in a safe condition, or any other negligent actions from their employees.

    On the other hand, if an amusement park accident was caused by a defective ride or component, the injured party may file a product liability lawsuit against the manufacturer of the ride or component. The injured party must prove that the part or structure was defective and that the defect directly caused the injury or death.

    If you have been injured in an amusement park accident in or near Fort Myers, Naples, or Bonita Springs, FL, call Pittman Law Firm, P.L. at (239) 603-6913 or fill out our online contact form today to schedule a free consultation. With more than 30 years of legal experience, our legal team has recovered millions of dollars on behalf of our clients!

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Common Causes of Amusement Park Accidents
  • About Wrongful Death in Florida

    According to Florida law, a wrongful death occurs when a person or entity causes someone else’s death by a “wrongful act, negligence, default, or breach of contract or warranty. In other words, wrongful death involves the death of an individual due to a negligence-based incident (e.g., car accident, truck accident, motorcycle accident, etc.), medical malpractice, a dangerous or defective product, or an intentional act.

    To file a wrongful death claim in Florida, the following elements must be met:

    • A human life was lost because of another person’s actions
    • The actions which led to the victim’s death was a negligent or intentional act
    • The victim’s death affected the surviving members of the victim’s family financially
    • The victim’s death resulted in expenses and monetary damages

    While relatives of the deceased individual can file a wrongful death lawsuit in other states, Florida is not one of them. Instead, the personal representative—also known as the “executor”—of the deceased person’s estate must file a wrongful death claim.

    What is the Role of a Personal Representative?

    In general, when someone passes away in Florida, an estate is created in order to administer the deceased person’s affairs through the probate court. An estate consists of the deceased individual’s bank accounts, properties, and other assets.

    The personal representative acts on behalf of the deceased person’s estate and any surviving family members (e.g., the deceased person’s spouse, the deceased person’s child(ren), the deceased person’s parents, and other blood relatives who were at least partially dependent on the individual for support). Additionally, he/she must list all possible heirs and beneficiaries when filing the lawsuit and distribute proceeds from any verdict or settlement in a reasonable and equitable manner to each survivor.

    Who Can be a Personal Representative?

    Under Florida probate law, a personal representative can be a person, bank, trust company, or any other similar entity. A member of the deceased person’s family can be a personal representative.

    In some cases, a deceased person has already chosen a personal representative in his/her will or trust. If a personal representative has not been selected prior to the deceased individual’s death, a surviving family may assume the role.

    If you have lost a loved one in Bonita Springs or within the surrounding area and you wish to file a wrongful death lawsuit, call Pittman Law Firm, P.L. at (239) 603-6913 or fill out our online contact form today to schedule a free consultation. With more than 30 years of legal experience, our legal team has recovered millions of dollars on behalf of our clients!

    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
    Who Can File a Wrongful Death Lawsuit in Florida?