Se Habla Espanol | Nou Pale Kreyol
Click To Call: 239-537-0439
Click To Call: 239-537-0439
Nothing can replace the loss of a loved one, especially when that loss could have been avoided. When a person or company’s negligent or reckless conduct leads to the death of another, legal action can be taken by surviving family members or loved ones to seek justice and monetary compensation. A Naples wrongful death lawyer is an invaluable resource if you believe another party’s negligence or misconduct caused a family member’s death.
I am Justin Caldarone, and I am an experienced personal injury attorney who can help your family file an insurance claim or a civil claim to hold the responsible party liable for his or her negligent or reckless actions.
By pursuing the claim or civil action, you may be able to get the money you need to pay for medical and funeral expenses and the emotional pain and suffering you have experienced as a result of the death of your loved one. Compensation may also be awarded for the decedent’s future earnings had he or she lived. This may include damages related to Medical Malpractice or Medication Error.
At The Caldarone Law Group, P.A., in Naples, I have the experience it takes to quickly and aggressively handle your wrongful death claim. My team is compassionate and understanding, understanding that this is an extremely difficult time for you and your family. At the same time, I can aggressively and persistently pursue justice on your behalf.
While I advocate on your behalf, you can be free to focus on recovering from your horrific loss instead of fighting with the insurance companies.
In the state of Florida, you have a maximum of two years from the date of the wrongful death to file a wrongful death civil claim. If you fail to file your wrongful death civil claim within two years, you may be barred from pursuing your claim and denied justice and compensation.
Time is of the essence, so act quickly and consult a Naples wrongful death attorney like me if you have lost a loved one or a family member due to someone else’s negligent, careless, or reckless behavior.
Click To Call: 239-537-0439
A wrongful death claim is a type of personal injury case filed by the surviving family of the victim of a fatal personal injury. If your loved one died because of another party’s negligence or misconduct in Naples, you likely have grounds to file a wrongful death claim in place of the personal injury case they could have filed if they had survived. Success with this case requires establishing liability for the fatal injury, including in cases involving Premises Liability or Negligent Security.
You may need to identify the party that caused the victim’s death and gather evidence to show how their actions directly caused the fatal injury. The type of evidence you need depends on the nature of the fatal incident. Once you have established liability, your Naples wrongful death lawyer can help you calculate the full extent of the damages you are eligible to claim from the defendant.
In Florida, a wrongful death case could potentially yield compensation for various economic and non-economic damages. Economic damages can include direct financial losses like property damage involved in the fatal incident, lost financial support the victim can no longer provide to their family, and funeral and burial expenses. Non-economic damages include the pain and suffering experienced by the family of the victim. In certain circumstances, Workers’ Compensation benefits may also be available when a fatal workplace accident occurs.
If the defendant caused the death through some illegal and intentionally harmful act, the defendant could also be forced to pay punitive damages to the family of the victim. The amount they must pay largely depends on the details of the case. Wrongful deaths can happen in Naples from vehicle accidents on I-75, slip and fall accidents, or injuries in the workplace.
The defendant who caused the death faces liability for the economic and non-economic damages you and your family have suffered. Additionally, if they broke the law in causing the fatal injury, they can face significantly increased criminal penalties to reflect the severity of their behavior’s effects. These claims may arise from incidents involving a Swimming Pool Injury or Product Liability.
Under Florida’s Wrongful Death Act, a claim must be brought by the personal representative of the deceased person’s estate, rather than the person’s family members individually. The personal representative is named in the deceased person’s will or appointed by a probate court to settle the deceased person’s estate. As a result, an estate must be opened before the claim can proceed. While this can delay the filing of a wrongful death claim, it’s a necessary part of the process.
While the personal representative of the estate must bring the wrongful death claim, it’s brought on behalf of the survivors, defined in Florida Statutes 768.18 as the decedent’s spouse, children, parents, and any blood relative or adopted brother or sister who depended on the decedent for support and services.
Under wrongful death laws, each survivor can recover the value of lost support and services both from the date of the decedent’s injury to their death and in the future. In evaluating the loss of support and services, the following factors can be taken into account:
Calculating the duration of future losses requires considering the life expectancies of the survivor and the decedent. In cases involving healthy minor children, the period of minority can also be considered.
Surviving spouses can also recover for loss of companionship and protection, and for mental pain and suffering, beginning from the date of the injury. Minor children or, in cases where there is not a surviving spouse, all surviving children can recover for loss of parental companionship, instruction, and guidance. They can also recover for mental pain and suffering from the date of the injury, as can the parents of minor children.
Compensation intended to pay for funeral expenses is recovered by the survivor who paid those expenses.
The unexpected death of a family member is never easy to handle, especially when you discover that their death was the result of another party’s negligence or misconduct. You have limited time to build and file your wrongful death case, so it is crucial that you hire a wrongful death lawyer at your first opportunity. This makes sure your legal representative has the time and flexibility necessary to build the strongest possible case for you.
When you choose The Caldarone Law Group, P.A., to represent you in your wrongful death case, you can have a dedicated legal advocate ready to assist you with every stage of your case. We understand how difficult it is to lose a family member due to another party’s negligence or misconduct, and you can rest assured that we can advocate for you for accountability and compensation for your family’s loss.
Your case award cannot replace your lost loved one, but success with a wrongful death case can provide a sense of closure and valuable economic relief during a very difficult time. Your loved one’s wrongful death has not only taken an emotional toll but has also likely caused tremendous financial strain on you and your family. You need a skilled attorney on your side to help you resolve your case efficiently and get a full recovery.
Our firm can gather any evidence needed to establish liability for the death, accurately assess the full scope of the damages you are eligible to claim from the defendant, and explain what you can expect as the case unfolds. It’s important to hire a wrongful death lawyer at your first opportunity to have a better chance of success in your case, so reach out to The Caldarone Law Group, P.A., at your earliest convenience to learn how we can assist you.
Proving fault in a wrongful death case requires identifying the party responsible for causing the fatal injury, proving exactly how they caused it, and then showing the full scope of the resulting damages. The evidence you need depends on the nature of the fatal incident. For example, proving fault for a fatal car accident may require eyewitness statements, vehicle computer data, police reports, and drivers’ cell phone records.
A few of the most common causes of wrongful death include motor vehicle crashes, workplace accidents, and medical malpractice. In Florida and throughout the United States, motor vehicle crashes are consistently cited as a leading cause of accidental deaths. The National Safety Council reported a total of 42,789 fatalities from motor vehicle accidents throughout the United States in 2024.
The amount of compensation you can claim for wrongful death depends on the specific details of your case. You could have grounds to claim compensation for damages to the deceased’s estate, the income they no longer earn in the future for their family, funeral and burial costs, and compensation for pain and suffering. Hire a wrongful death lawyer as quickly as you can so they can accurately calculate the total scope of your claimable damages.
You should hire a wrongful death lawyer to not only improve your chance of success with your case but also the amount of compensation you are able to recover from the defendant. The right attorney can gather the evidence you need to establish liability for the death, guide you through the procedural steps necessary to file your case correctly, and help you resolve your case efficiently through pretrial settlement if possible or litigation if necessary.
The cost to hire a Naples wrongful death lawyer could depend on your chosen attorney’s billing policy. The Caldarone Law Group, P.A., accepts personal injury cases with contingency fee agreements, meaning we do not charge a client unless and until we recover compensation for their damages. There are no upfront costs for hiring our firm, and you pay nothing if we are unable to secure compensation for you for any reason.
You need to open an estate before filing a wrongful death claim because the claim must be brought by the personal representative of the estate. To avoid issues with the two-year statute of limitations set for wrongful death claims in Florida, you should start the process of opening an estate as soon as possible.
This can help you avoid losing time against the strict deadline. A failure to bring a claim within this period could leave you unable to recover compensation, even if your claim is otherwise valid.
If the death was also being investigated as a crime, the criminal case and wrongful death claim are separate. They are decided using different standards of proof, and your civil claim is not dependent on a conviction in the criminal courts. However, ongoing investigations or trials for criminal homicide can affect the timing of your case.
A judge may issue temporary stays on parts of the civil claim to protect the defendant’s Fifth Amendment right against self-incrimination. The statute of limitations is not usually impacted by a criminal case.You Have Nothing To Lose, So Call Today.
An initial consultation with me costs you nothing. I work on a contingency fee basis, meaning that you pay nothing up front for my services, and I only get paid if I am successful in collecting compensation on your behalf.
Contact me today for a free consultation: 239-544-4621. Evening and weekend appointments are available, as are home and hospital visits.
” * ” Indicates Required Fields
"*" indicates required fields
© 2026 The Caldarone Law Group, P.A.• All Rights Reserved. Disclaimer | Site Map | Privacy Policy.
Digital Marketing By: 
*Images are obtained under license from Canva and other third-party stock image providers, with attribution included where required.
