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Fort Myers Wrongful Death Lawyer
When Negligence Takes a Life — Families Deserve Justice
Losing a loved one is devastating. When that loss was caused by someone else’s negligence — a reckless driver, a careless property owner, a negligent medical provider, a dangerous product — the grief is compounded by anger and a profound sense of injustice.
Florida’s Wrongful Death Act provides a path for surviving family members to hold the responsible parties accountable. While no amount of money can replace your loved one, a wrongful death claim can provide financial security for your family and ensure that the negligent party faces consequences for their actions.
Carlos D. Cabrera handles wrongful death cases with the compassion and determination these cases require. Having spent years defending insurance companies, he understands how insurers attempt to minimize these claims — and he begins building the counter-strategy from day one.
The Florida Wrongful Death Act: Who Can Recover
Under Florida Statutes §§ 768.16–768.26, wrongful death claims are brought by the personal representative of the deceased person’s estate on behalf of surviving family members. The following survivors may be entitled to compensation:
Surviving spouse — Loss of companionship, protection, support, services, and mental pain and suffering
Minor children — Lost parental guidance, instruction, companionship, and mental pain and suffering
Adult children — Mental pain and suffering for the loss of parental companionship (in most cases)
Parents of minor children — Mental pain and suffering for the loss of their child
Parents of adult children — Mental pain and suffering if there is no surviving spouse or other lineal descendants
Other blood relatives and adoptive siblings — If they were partly or wholly dependent on the deceased for support
Important limitation
In medical malpractice wrongful death cases, adult children generally cannot recover for mental pain and suffering if there is a surviving spouse. This is a significant limitation under Florida law.
Fort Myers and Lee County Wrongful Death Statistics
Lee County lost over 140 lives to traffic fatalities in 2023. These deaths occurred on I-75, US-41, Colonial Boulevard, and roads throughout Fort Myers, Cape Coral, Lehigh Acres, and surrounding communities.
| Lee County Fatalities (2023) | Death |
|---|---|
| Total traffic fatalities | 140+ |
| Pedestrian fatalities | 30+ |
| Motorcycle fatalities | 20+ |
| Bicycle fatalities | 10+ |
Every one of these deaths represents a family forever changed — and in many cases, a wrongful death claim that could provide financial security and accountability
Common Causes of Wrongful Death in Fort Myers
Motor vehicle accidents — Car crashes, truck accidents, motorcycle collisions, pedestrian accidents, bicycle accidents
Premises liability — Negligent security, swimming pool drownings, falls from heights
Medical malpractice — Surgical errors, misdiagnosis, delayed diagnosis, birth injuries, medication errors
Defective products — Dangerous drugs, defective vehicles, defective machinery
Workplace accidents — Construction site fatalities, industrial accidents
Nursing home neglect — Falls, malnutrition, dehydration, bedsores leading to sepsis (particularly relevant given Lee County’s significant senior population)
Boating accidents — Southwest Florida’s waterways see significant boating traffic and fatal accidents
Damages Available in Florida Wrongful Death Cases
Florida law allows recovery for:
Lost support and services — The financial contributions and household services the deceased would have provided
Lost companionship and guidance — The relationship value lost by surviving family members
Mental pain and suffering — The emotional anguish experienced by survivors
Medical expenses — Medical care provided to the deceased before death
Funeral and burial expenses — Reasonable costs of final arrangements
Lost net accumulations — The income the deceased would have earned over their lifetime, minus personal living expenses (available to the estate)
Wrongful Death Deadlines in Florida
| Type of Wrongful Death Case | Deadline |
|---|---|
| Total traffic fatalities | 140+ |
| Pedestrian fatalities | 30+ |
| Motorcycle fatalities | 20+ |
| Bicycle fatalities | 10+ |
Do not wait. Evidence disappears, witnesses’ memories fade, and missing a deadline can permanently bar your claim.
Fort Myers Wrongful Death Resources
Courts
Lee County Probate Court
1700 Monroe Street, Fort Myers, FL 33901
Phone: (239) 533-2000
U.S. Federal Courthouse — Middle District of Florida (Fort Myers Division)
2110 First Street, Fort Myers, FL 33901
Phone: (239) 461-3200
Vital Records
Florida Department of Health — Vital Records
Death Certificate Information
About Attorney Carlos D. Cabrera
Carlos D. Cabrera represents injury victims at Florida Advocates. He handles wrongful death cases with the compassion these families deserve and the determination these cases require. Having spent years defending insurance companies, he understands how insurers attempt to minimize wrongful death claims — and he builds cases designed to challenge those tactics.
Education
- J.D. — St. Thomas University College of Law (2000)
- Managing Editor, St. Thomas Law Review
- B.A. English — Florida International University (1994)
Bar Admissions
- The Florida Bar
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
Credentials & Recognitions
- Million Dollar Advocates Forum Member
- Multi-Million Dollar Advocates Forum Member
- Florida Legal Elite Recognition
- Lead Counsel Verified (Appellate, since 2015)
- Former Insurance Defense Counsel
Insurance Insider Background
Worked as insurance defense counsel before law school. Recruited by a personal injury firm. Throughout his legal career has represented both insurance companies and injury victims — which gives him a perspective most personal injury Lawyers simply do not have.
Learn more about Carlos D. Cabrera →
Frequently Asked Questions
Who can file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. However, the claim is brought on behalf of surviving family members including the surviving spouse, minor children, adult children (in most cases), parents, and dependent blood relatives.
What damages can be recovered in a Florida wrongful death case?
Florida allows recovery for lost support and services, lost companionship and guidance, mental pain and suffering of survivors, medical and funeral expenses, and lost net accumulations.
How long do I have to file a wrongful death lawsuit in Florida?
Generally two years from the date of death. Special rules apply in medical malpractice and government entity cases. Contact an attorney immediately.
What if my loved one was partially at fault?
Florida follows modified comparative negligence. Recovery is still possible if the deceased was not more than 50% at fault.
What does it cost to hire Florida Advocates?
Nothing unless we win. We handle wrongful death cases on a contingency fee basis.
Serving Wrongful Death Families Throughout Lee County
Florida Advocates represents families in wrongful death cases in Fort Myers and throughout Lee County and Southwest Florida, including:
Cape Coral | Lehigh Acres | Bonita Springs | Naples | Estero | Sanibel Island
Contact a Fort Myers Wrongful Death Lawyer
If your family lost a loved one due to negligence in Fort Myers, contact Florida Advocates today for a free, compassionate consultation.
Phone: 754-263-4252
Email: info@fladvocates.com
Call us for a free consultation. You pay nothing unless we recover for you. After all, isn’t that what family would do?
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