The death of a loved one resulting from a car accident can be a very troubling time for any family. The grieving family must make funeral arrangements, figure out how to pay the deceased victim’s medical bills, and ultimately determine how to manage their grief. During this devastating time, pursuing a lawsuit is often not the highest priority of the family, however, it may be a way to ease the financial burden of the grieving family. Filing a wrongful death claim can help with the anxiety of affording financial responsibilities such as funeral arrangements and medical bills.
It is devastating that families of car accident victims will never have their loved ones again, however, Florida law allows families to recover from the responsible parties who caused or contributed to the wrongful death.
What is a wrongful death claim?
According to the Florida Wrongful Death Act, the purpose of the claim is to shift the losses resulting from the wrongful death from the family of the injured victim to the wrongdoer. See Fla. Stat. § 768.17.
How can I prove a wrongful death claim?
In order to make a successful wrongful death claim, the family of the decedent must prove that the death resulted from a wrongful act, negligence, default, or breach of contract. See Fla. Stat. § 768.19.
What type of damages can the victim’s family recover?
The types of damages that can be recovered depends on the surviving family’s relationship to the decedent, but some damages that can often be recovered by the victim’s family are the loss of net accumulations (earnings minus expenses), cost of support and services, loss of companionship, mental pain and suffering, medical expenses, and funeral expenses. See Fla. Stat. §768.21.
It is very important to take note of the timing that is required to file a wrongful death suit. In the state of Florida, a wrongful death lawsuit must be filed within two years of the date of the death.
The death of a loved one resulting from a car accident can be traumatic both emotionally and financially, however, a wrongful death suit can help take care of the financial stress resulting from the accident. The process of filing a wrongful death suit can be very complex that involves strict deadlines. Families considering a claim should speak to an attorney as soon as possible, and Miller Trial Law is here to help fight for you.
If you have lost a loved one in a Florida car accident, call Miller Trial Law to ensure that you get the recovery that is right for you. To set up a free, no-risk consultation, call Miller Trial Law at 305-697-8312 today. We look forward to serving you!