Filing A Wrongful Death Lawsuit

Jason B. Goldman • September 4, 2021
Filing A Wrongful Death Lawsuit

Walking, running, and bicycling are all great forms of exercise.  However, when pedestrians and bicyclists are involved in an accident with an automobile, the injuries are often severe or fatal. When an automobile accident results in the death of a loved one, it devastates the deceased’s family and friends.  In these tragic instances, certain designated persons are permitted to bring a Wrongful Death claim under Florida Statute 768.21 against the wrongdoer.

Who can bring a Wrongful Death Claim?

A Wrongful Death claim or lawsuit can be brought when a person’s death is caused by the wrongful act or negligence of another.  While bringing a Wrongful Death claim against a wrongdoer does little to eliminate the pain associated with losing a loved one, Florida’s Wrongful Death statute does allow the wrongdoer to be sued so financial compensation can be secured for the benefit of the decedent’s legal beneficiaries.  To bring a Wrongful Death lawsuit, a probate estate must be opened, and a Personal Representative appointed by the Court – the Personal Representative brings the Wrongful Death claim on behalf of the decedent’s beneficiaries.  While not always the case, the Personal Representative is usually the decedent’s spouse or a surviving parent.

What Damages Can be Recovered?

Certain damages can be recovered by certain beneficiaries.  Florida Statute 768.21 delineates who may recover damages within a Wrongful Death claim , and what damages they may recover.  Minor children who lose a parent, or a spouse who loses their partner, can recover financial damages for loss of the decedent’s financial support. In order to arrive at a figure that adequately compensates for these financial damages, the decedent’s net income and the family’s future losses will oftentimes be calculated with the assistance of a financial planner or accountant.  In addition to purely financial damages , surviving spouses and/or the parents of a deceased minor child can receive additional damages for the loss of companionship and the mental pain and suffering endured.

Should You Move Forward with a Wrongful Death Claim?

Wrongful death claims oftentimes turn into lawsuits.  They are extremely complicated cases which occur during what is likely the most terrible moment of each family member’s life.  Having an experienced, highly rated Wrongful Death attorney by your family’s side will ensure your family’s Wrongful Death claim is resolved in an appropriate manner.  Our attorneys are all AV rated by Martindale Hubbell, the primary rating service for attorneys in the U.S. since 1880.  Only 4% of all U.S. attorneys achieve Martindale Hubbell’s AV rating.  We can help your family get through a tragic loss and will ensure the wrongdoers are held responsible for their deadly negligence.

Please call us at 941.625.6666 for a free, immediate consultation with Jason B. Goldman, our firm’s Managing Partner.

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Halloween Safety in Charlotte County: A Guide from GTS Law Firm

By Jason B. Goldman • October 21, 2025
Halloween is one of Charlotte County’s most festive traditions—costumes, candy, and community celebrations light up neighborhoods across Port Charlotte, Punta Gorda and beyond. But amid the fun, the risk of preventable accidents rises significantly. At GTS Law Firm, we believe being prepared protects not only your good times but also your rights if something goes wrong. Why Halloween Poses Extra Risks Increased pedestrian traffic – Children and families fill sidewalks and driveways, often emerging suddenly from between parked cars. Reduced visibility – Costumes, dusk lighting and unfamiliar routes can make it hard for drivers and trick-or-treaters alike to see each other. Distractions & altered terrain – Drivers might be focused on the festivities, while children may be carrying bulky bags or wearing masks that restrict vision. Top Safety Tips for Families & Drivers For families: Use flashlights or glow-sticks so children are visible. Choose costumes that fit well and use reflective tape or bright colors. Walk on sidewalks. If none are available, walk facing traffic and stay as far left as possible. Cross the street at intersections and look both ways before you step out. Inspect all candy at home before snacking—especially if younger children are involved. For drivers: Slow down in residential areas and approach driveways, curbs and sidewalks cautiously. Avoid distractions—phones, music or passing out candy should not take your focus from the roadway. Be extra vigilant between 5 p.m. and 9 p.m., when pedestrian traffic peaks in Charlotte County neighborhoods. Park safely so you don’t block crosswalks or create hidden zones where children may step into traffic. What This Means If an Accident Happens Even when we all take precautions, accidents still happen. If your child is injured, or you’re involved in a collision while trick-or-treating, the same principles apply as in any personal injury claim in Florida: duty, breach, causation and damages. At GTS Law Firm, we’ve handled cases across Charlotte County where visibility, distraction or faulty premises played a role. Our team can help you understand if you may have a claim and guide you through the legal steps. Final Thoughts Halloween is meant to be fun—and with a little planning, it can be safe too. Whether you’re handing out candy or driving home afterwards, be alert and respectful of your neighbors. GTS Law Firm is proud to serve the Charlotte County community—not just when something goes wrong, but every day we help you stay safe and informed. If you or a loved one is injured due to another party’s negligence, we’re here to help. Please call (941) 625-6666 or visit our website to schedule a free consultation. Wishing everyone a spooky and safe Halloween from your local team at GTS Law Firm.

Who’s at Fault for Trick-or-Treat Accidents in Charlotte County, Florida?

By Jason B. Goldman • October 21, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Out-of-State Defendant for a Personal Injury Case

By Jason B. Goldman • September 8, 2025
Getting injured because of someone else’s negligence is stressful enough but what happens if the person or business responsible doesn’t live in Florida? Many people wonder if they can pursue a personal injury claim against someone out-of-state. The answer is yes, but there are some important details to understand. How Out-of-State Laws Affect Your Case When a defendant lives outside Florida, courts may need to consider jurisdiction . Essentially, whether Florida courts have the authority to hear the case. In many situations, if the incident happened in Florida or caused harm here, the court can still proceed. Additionally, different states have different laws regarding personal injury claims, including statutes of limitations, liability rules, and damages. This can affect how a case is filed and what compensation may be available. Steps to Take Consult an Experienced Attorney: A skilled Florida personal injury attorney can determine whether your case can proceed here or if another state’s laws may apply. Gather Evidence: Documentation such as medical records, accident reports, and witness statements is crucial, especially if the defendant is out-of-state. Understand Service of Process: The defendant must be formally notified of the lawsuit. Serving someone in another state follows specific legal procedures to ensure the court has jurisdiction.  Consider Legal Strategy: Sometimes, pursuing a claim in Florida is straightforward; other times, filing in the defendant’s home state may be necessary. Your attorney will guide you through the best approach. Protect Your Rights Handling a case with an out-of-state defendant can be complicated, but you don’t have to navigate it alone . The team at GTS Law Firm has experience helping clients pursue personal injury claims, even when the responsible party lives outside Florida. We focus on protecting your rights and working toward the compensation you deserve. Contact GTS Law Firm today to speak with an attorney about your personal injury case. (941) 625-6666

Driving Habit Accidents: How Everyday Choices Can Put You at Risk

By Jason B. Goldman • September 8, 2025
When it comes to staying safe on the road, habits matter. Many car accidents are not caused by reckless behavior or extreme conditions, but by everyday driving habits that increase risk over time. From texting while driving to consistently rolling through stop signs, these seemingly minor behaviors can have serious consequences. Common Driving Habits That Lead to Accidents Distracted Driving – Phones, navigation systems, or even conversations with passengers can take attention away from the road. Distracted driving contributes to thousands of accidents each year. Following Too Closely – Tailgating reduces reaction time and can turn a minor slowdown into a major collision. Speeding in Familiar Areas – Drivers often feel comfortable speeding on roads they know well, underestimating risks like sudden stops or pedestrian crossings. Improper Lane Changes – Not checking mirrors or blind spots increases the chance of side collisions. Rolling Through Stop Signs and Traffic Signals – A habit of ignoring stop signs or lights, even slightly, can lead to intersection accidents. Why Habits Matter Repeated behaviors form patterns. Even safe drivers can develop risky habits over time without realizing it. Insurance companies, accident investigators, and courts often consider a driver’s habits when determining fault or liability after a crash. Protect Yourself and Others Be mindful of your driving habits – Small adjustments can prevent accidents. Avoid distractions – Keep your focus on the road at all times. Maintain safe following distances – Give yourself enough time to react.  Follow traffic laws consistently – Stop signs and lights exist to protect everyone. At GTS Law Firm , we understand how habitual driving behaviors can affect accident outcomes. If you or a loved one has been involved in a collision caused by another driver’s habits, our experienced team is here to help you navigate the legal process and secure the compensation you deserve. Contact us today to schedule a consultation and protect your rights. (941) 625-6666