Filing A Wrongful Death Lawsuit
Jason B. Goldman • September 4, 2021
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.
Share This Post:
Every fall, Charlotte County comes alive again. Seasonal residents from the Northeast, Midwest, and Canada make their way back to Port Charlotte, Punta Gorda, Englewood, and North Port, and the community is better for it. The restaurants fill up, the marinas get busy, and the energy that makes Southwest Florida such a special place returns in full force. At Goldman, Tiseo & Sturges, P.A., we are proud to serve both our year-round neighbors and the seasonal residents who choose Charlotte County as their home away from home. Whether you are returning for your fifth season or your first, this guide is designed to help everyone, visitors and locals alike, settle in safely and know their legal rights this fall and winter. Road Safety as Traffic Picks Back Up in Charlotte County The return of seasonal residents brings a noticeable increase in traffic on Charlotte County roads. Tamiami Trail, US-41, and Kings Highway all see higher volumes beginning in October, and the mix of returning seasonal residents re-familiarizing themselves with local roads and year-round residents adjusting to busier conditions calls for patience and extra caution from everyone. Safe driving reminders for fall in Charlotte County: Allow extra travel time during peak hours, especially near shopping centers, medical facilities, and waterfront areas popular with seasonal visitors Be patient at intersections. Increased traffic means longer wait times and a higher chance of driver frustration Watch for pedestrians near restaurants, parks, and along waterfront areas in Punta Gorda and Englewood where foot traffic increases significantly in the fall If you are returning after months away, take a few days to reacquaint yourself with local road patterns, construction updates, and any new traffic signals or roundabouts before driving in heavy traffic Charlotte County's roads can feel very different from roads up north. Speed limits, right-of-way rules, and driving culture may vary, so give yourself and others grace during the adjustment period If you are involved in a car accident in Charlotte County this fall, whether you are a year-round resident or a seasonal visitor, you have the same legal rights. Goldman, Tiseo & Sturges, P.A. represents accident victims from across the country who are injured while spending time in Southwest Florida. Settling Back In: Property and Premises Safety For seasonal residents returning to their Charlotte County homes after months away, a thorough safety walkthrough of your property is one of the smartest things you can do before settling in. Hurricane season runs through November 30, and properties that have been unoccupied through the summer may have storm-related damage or maintenance issues that need attention. Property safety checklist for returning seasonal residents: Inspect your roof, gutters, windows, and exterior for any storm or weather damage from the summer months Check pool barriers, fencing, and gate latches before hosting guests, particularly if children will be visiting Inspect driveways, walkways, and steps for cracks, settling, or uneven surfaces that could create trip hazards Test smoke detectors, carbon monoxide detectors, and fire extinguishers Have any HVAC, electrical, or plumbing systems that were dormant over the summer inspected before full use If you hire contractors for post-summer repairs, verify their Florida license through myfloridalicense.com before signing any contract Property owners in Florida have a legal duty to maintain safe premises for guests. If someone is injured on your property due to a hazard you knew about or should have known about, you could face a premises liability claim. Taking care of deferred maintenance when you return protects both your guests and you. Knowing Your Legal Rights as a Seasonal Resident in Florida One question we hear often from seasonal residents is whether their legal rights differ from those of year-round Florida residents. The answer is no. Florida law protects visitors and seasonal residents the same way it protects permanent residents when it comes to personal injury, premises liability, and insurance claims. Important legal facts for seasonal residents in Charlotte County: If you are injured in a car accident in Florida, Florida law applies to your claim regardless of where you are from or where your vehicle is registered If you are injured on someone else's property in Charlotte County, you have the right to pursue a premises liability claim under Florida law Florida's statute of limitations gives you two years from the date of injury to file a personal injury claim. Do not assume you need to wait until you return home to seek legal advice Your out-of-state health insurance may have different coverage rules when used in Florida. Understanding your coverage before an emergency occurs can save significant stress If you are involved in an accident and the other party's insurer contacts you, you are not required to give a recorded statement. Speak with an attorney first Goldman, Tiseo & Sturges, P.A. has represented seasonal residents and visitors from across the country who were injured while in Charlotte County. Distance is not a barrier to getting the help you deserve. Welcome to the Season from Goldman, Tiseo & Sturges, P.A. To our returning seasonal friends and neighbors: welcome back. Charlotte County is a richer, more vibrant community because of the people who choose to spend their fall and winter here. We are glad you are back. To our year-round residents: thank you for your patience and warmth as our community grows each season. The relationships between long-time locals and returning seasonal visitors are part of what makes this area so special. If you ever need legal guidance this season, whether you are dealing with an accident, an insurance dispute, or a property injury, Goldman, Tiseo & Sturges, P.A. is here for every member of the Charlotte County community, no matter where home is. Contact Our Charlotte County Personal Injury Attorneys Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
Every fall, Charlotte County comes alive again. Seasonal residents from the Northeast, Midwest, and Canada make their way back to Port Charlotte, Punta Gorda, Englewood, and North Port, and the community is better for it. The restaurants fill up, the marinas get busy, and the energy that makes Southwest Florida such a special place returns in full force. At Goldman, Tiseo & Sturges, P.A., we are proud to serve both our year-round neighbors and the seasonal residents who choose Charlotte County as their home away from home. Whether you are returning for your fifth season or your first, this guide is designed to help everyone, visitors and locals alike, settle in safely and know their legal rights this fall and winter. Road Safety as Traffic Picks Back Up in Charlotte County The return of seasonal residents brings a noticeable increase in traffic on Charlotte County roads. Tamiami Trail, US-41, and Kings Highway all see higher volumes beginning in October, and the mix of returning seasonal residents re-familiarizing themselves with local roads and year-round residents adjusting to busier conditions calls for patience and extra caution from everyone. Safe driving reminders for fall in Charlotte County: Allow extra travel time during peak hours, especially near shopping centers, medical facilities, and waterfront areas popular with seasonal visitors Be patient at intersections. Increased traffic means longer wait times and a higher chance of driver frustration Watch for pedestrians near restaurants, parks, and along waterfront areas in Punta Gorda and Englewood where foot traffic increases significantly in the fall If you are returning after months away, take a few days to reacquaint yourself with local road patterns, construction updates, and any new traffic signals or roundabouts before driving in heavy traffic Charlotte County's roads can feel very different from roads up north. Speed limits, right-of-way rules, and driving culture may vary, so give yourself and others grace during the adjustment period If you are involved in a car accident in Charlotte County this fall, whether you are a year-round resident or a seasonal visitor, you have the same legal rights. Goldman, Tiseo & Sturges, P.A. represents accident victims from across the country who are injured while spending time in Southwest Florida. Settling Back In: Property and Premises Safety For seasonal residents returning to their Charlotte County homes after months away, a thorough safety walkthrough of your property is one of the smartest things you can do before settling in. Hurricane season runs through November 30, and properties that have been unoccupied through the summer may have storm-related damage or maintenance issues that need attention. Property safety checklist for returning seasonal residents: Inspect your roof, gutters, windows, and exterior for any storm or weather damage from the summer months Check pool barriers, fencing, and gate latches before hosting guests, particularly if children will be visiting Inspect driveways, walkways, and steps for cracks, settling, or uneven surfaces that could create trip hazards Test smoke detectors, carbon monoxide detectors, and fire extinguishers Have any HVAC, electrical, or plumbing systems that were dormant over the summer inspected before full use If you hire contractors for post-summer repairs, verify their Florida license through myfloridalicense.com before signing any contract Property owners in Florida have a legal duty to maintain safe premises for guests. If someone is injured on your property due to a hazard you knew about or should have known about, you could face a premises liability claim. Taking care of deferred maintenance when you return protects both your guests and you. Knowing Your Legal Rights as a Seasonal Resident in Florida One question we hear often from seasonal residents is whether their legal rights differ from those of year-round Florida residents. The answer is no. Florida law protects visitors and seasonal residents the same way it protects permanent residents when it comes to personal injury, premises liability, and insurance claims. Important legal facts for seasonal residents in Charlotte County: If you are injured in a car accident in Florida, Florida law applies to your claim regardless of where you are from or where your vehicle is registered If you are injured on someone else's property in Charlotte County, you have the right to pursue a premises liability claim under Florida law Florida's statute of limitations gives you two years from the date of injury to file a personal injury claim. Do not assume you need to wait until you return home to seek legal advice Your out-of-state health insurance may have different coverage rules when used in Florida. Understanding your coverage before an emergency occurs can save significant stress If you are involved in an accident and the other party's insurer contacts you, you are not required to give a recorded statement. Speak with an attorney first Goldman, Tiseo & Sturges, P.A. has represented seasonal residents and visitors from across the country who were injured while in Charlotte County. Distance is not a barrier to getting the help you deserve. Welcome to the Season from Goldman, Tiseo & Sturges, P.A. To our returning seasonal friends and neighbors: welcome back. Charlotte County is a richer, more vibrant community because of the people who choose to spend their fall and winter here. We are glad you are back. To our year-round residents: thank you for your patience and warmth as our community grows each season. The relationships between long-time locals and returning seasonal visitors are part of what makes this area so special. If you ever need legal guidance this season, whether you are dealing with an accident, an insurance dispute, or a property injury, Goldman, Tiseo & Sturges, P.A. is here for every member of the Charlotte County community, no matter where home is. Contact Our Charlotte County Personal Injury Attorneys Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
Halloween is one of the most exciting nights of the year for families across Charlotte County. Neighborhoods in Port Charlotte, Punta Gorda, Englewood, and North Port fill with costumed children and it is a celebration our community looks forward to every October. At Goldman, Tiseo & Sturges, P.A., we want every family to enjoy a safe and happy Halloween, so here are the most important safety reminders for this year. Watch Out for Trick-or-Treaters on the Road Children are more than twice as likely to be struck by a vehicle on Halloween than on any other night of the year. As families head out after dark, drivers throughout Charlotte County need to slow down, put phones away, and stay extra alert in residential neighborhoods. For families out trick-or-treating: Add reflective tape or glow sticks to costumes so children are visible to drivers Carry a flashlight and cross only at corners and crosswalks Make eye contact with drivers before stepping into the road Always accompany young children Property Owner Responsibilities on Halloween When you invite trick-or-treaters to your door, Florida law considers them your guests. That means you have a legal duty to keep your walkways, steps, and porch area safe and well-lit. Uneven pavement, loose steps, poor lighting, and unsecured pets are among the most common causes of Halloween injuries in Charlotte County. Dog owners should keep pets secured indoors on Halloween night. Under Florida law, dog owners are strictly liable for bites, even if the animal has never been aggressive before. Impaired Driving Spikes on Halloween Halloween parties mean increased impaired driving on Charlotte County roads after dark. Never drive after drinking. Use a rideshare service or designate a sober driver before the evening begins. If you see an impaired driver, call 911. If Your Family Is Injured This Halloween Seek medical attention immediately Document the scene with photos Report the incident to the property owner or law enforcement Do not speak with insurance companies before consulting an attorney Contact Goldman, Tiseo & Sturges, P.A. for a free consultation From all of us at Goldman, Tiseo & Sturges, P.A., have a safe, fun, and memorable Halloween, Charlotte County. We are always here if you need us. Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com
Charlotte County is home to one of the largest senior populations in Florida. Our community is enriched every day by the retirees, longtime residents, and snowbirds who make Port Charlotte, Punta Gorda, Englewood, and North Port such special places to live. But with a large senior population comes an important responsibility: ensuring our older neighbors are protected when accidents happen. At Goldman, Tiseo & Sturges, P.A., we represent elderly injury victims throughout Charlotte County. Seniors face unique vulnerabilities after an accident, and the legal process can feel overwhelming, particularly for those managing medical care, insurance companies, and family concerns at the same time. This guide is designed to help older adults and their families understand their rights. Why Seniors Are More Vulnerable to Serious Injuries An injury that a younger person might recover from in weeks can permanently change the life of an older adult. As we age, bones become more brittle, healing takes longer, and complications from injuries become more likely. A slip and fall that causes a minor bruise in a 30-year-old can result in a hip fracture, hospitalization, and months of rehabilitation for someone in their 70s or 80s. Common injuries among elderly accident victims in Charlotte County include: Hip fractures from slip and fall accidents, often requiring surgery and extended recovery Traumatic brain injuries from falls or car accidents, which can have lasting cognitive effects Spinal injuries that limit mobility and independence Soft tissue injuries that take significantly longer to heal in older adults Broken wrists and shoulders from instinctive attempts to break a fall Complications from pre-existing conditions that are aggravated by accident-related injuries Florida law recognizes that the severity of an injury is not determined solely by the accident itself, but by its impact on the specific individual. An elderly person may be entitled to greater compensation precisely because their injuries carry greater consequences. Common Causes of Elderly Injuries in Charlotte County Seniors in Charlotte County face injury risks in many everyday settings. Understanding where these accidents most commonly occur can help families take preventative steps and recognize when negligence may be involved. Slip and fall accidents: Wet floors in grocery stores, restaurants, and medical facilities Uneven pavement in parking lots and sidewalks throughout Port Charlotte and Punta Gorda Poor lighting in common areas of apartment complexes and assisted living facilities Loose rugs, cluttered walkways, or broken stairs in retail and commercial spaces Car accidents: Rear-end collisions on busy routes like Tamiami Trail and US-41 Intersection accidents near shopping centers and medical offices frequently visited by seniors Accidents caused by other drivers who fail to yield or follow traffic signals Nursing home and assisted living facility injuries: Falls due to inadequate supervision or understaffing Injuries from improper use of mobility equipment Neglect-related health complications that lead to physical decline Medication errors that cause adverse reactions or injury Florida Law and Elderly Injury Claims Florida's personal injury laws apply equally to older adults, and in many cases, the damages available to elderly victims reflect the serious impact injuries have on their lives. Under Florida law, injury victims may be entitled to compensation for medical bills, future medical care, pain and suffering, loss of enjoyment of life, and other losses. One important consideration for elderly injury claims in Florida is the statute of limitations. In most personal injury cases, you have two years from the date of injury to file a claim. For nursing home neglect or abuse cases, different timeframes may apply. Do not wait to seek legal advice. Key legal protections for seniors in Florida include: The Florida Nursing Home Residents Bill of Rights, which protects residents from neglect, abuse, and unsafe conditions Premises liability law, which holds property owners accountable for unsafe conditions that injure visitors Florida's comparative negligence standard, which allows injury victims to recover compensation even if they bear some responsibility for the accident The right to seek compensation from multiple responsible parties, including property owners, businesses, drivers, and healthcare providers What Families Should Do After an Elderly Loved One Is Injured Seek medical attention immediately and ensure all injuries are properly documented by a healthcare provider Photograph the scene of the accident, including any hazard that caused the injury Report the incident to the appropriate party, whether that is a store manager, property owner, nursing home administrator, or law enforcement Keep records of all medical treatments, expenses, and communications related to the injury Do not allow the injured person to sign any releases or speak with insurance adjusters without legal guidance Contact Goldman, Tiseo & Sturges, P.A. for a free consultation as soon as possible Protecting Charlotte County Seniors Our senior community deserves dignity, safety, and justice. At Goldman, Tiseo & Sturges, P.A., we handle elderly injury claims with the care and urgency they require. We understand the physical, emotional, and financial toll these accidents take on older adults and their families, and we are committed to fighting for every dollar of compensation our clients deserve. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. If your loved one has been injured in Charlotte County, please reach out. We are here to help. Contact Our Charlotte County Personal Injury Attorneys Goldman, Tiseo & Sturges, P.A. (941) 625-6666 | Serving Port Charlotte, Punta Gorda, Englewood, North Port, and all of Charlotte County | gtslawfirm.com