Fatal Car Accident Lawsuits
Some car accident victims are fortunate enough to walk away from their collisions injury-free. Unfortunately, this isn’t always true. In fact, an alarming number of people lose their lives in car accidents every day in the U.S. In Florida, the surviving relatives of car accident victims can often seek compensation by filing a wrongful death lawsuit on their loved one’s behalf.
Wrongful Death Lawsuits
It is not uncommon, after a Florida car accident, for victims and their families to face a significant amount of financial, emotional, and psychological turmoil, with many struggling to pay medical bills and household expenses while they recover. An accident-related fatality only exacerbates the complexity of these cases, with the surviving family members of victims forced to carry on without their loved ones. When a family suffers this kind of loss, they may be able to seek compensation under Florida’s Wrongful Death Act. This statute specifically provides family members with legal recourse against those whose negligence resulted in someone’s death.
Filing a Wrongful Death Claim
If a car accident victim passes away because of his or her injuries, that person’s family members could file a wrongful death claim on the victim’s behalf. To establish fault, they must go on to prove that the defendant caused the victim’s injuries through negligence, recklessness, breach of contract, or a wrongful act. The personal representative of the deceased can file a claim, although any damages will be awarded to the victim’s estate and surviving family members. Qualifying family members include a surviving spouse, child, parent, sibling, or financial dependent.
However, a court will only consider a wrongful death claim if the plaintiffs file before the expiration of the two year statute of limitations. There are exceptions to this deadline, so if you aren’t sure how long you have to file a wrongful death claim on a loved one’s behalf, don’t hesitate to reach out to our legal team for guidance.
Recovering Wrongful Death Damages
If successful when filing a wrongful death claim, a victim’s family members could recover damages compensating them for:
- The deceased’s final medical bills;
- The pain and suffering endured by the victim;
- The deceased’s lost wages and benefits;
- The loss of the victim’s support and services; and
- The loss of the victim’s companionship.
While recovering monetary damages can never truly compensate a family for the loss of a loved one, it can go a long way towards covering medical bills and other expenses while the family goes through the grieving process.
Contact Our Florida Wrongful Death Lawyers
If you lost a loved one because of someone else’s negligence, please call our dedicated Fort Lauderdale wrongful death lawyers at Boone & Davis to learn more about your legal options. We can advocate on your behalf and help hold the at-fault party accountable for his or her actions. To speak with or set a meeting up with a member of our legal team, please call 954-566-9919 or complete one of our online contact forms today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html
flsenate.gov/Laws/Statutes/2018/Chapter768/All
