When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a wrongful death claim. Understanding how these claims work can help you to understand and navigate your right to recovery for your loss.
Understanding Wrongful Death Claims
A wrongful death claim is a civil action filed by an appropriate surviving family member of a deceased person against a party whose conduct caused the person’s death. The legal basis for these claims in Florida is the Florida Wrongful Death Act, which was enacted to ensure that the survivors of a decedent receive compensation for their losses.
Eligibility to File a Wrongful Death Claim
Not everyone can bring a wrongful death claim in Florida. The right to file a wrongful death lawsuit belongs to the decedent’s personal representative. The personal representative represents the deceased’s estate and surviving family members. He or she is the one who acts as a go-between. The personal representative is typically named in the will of the deceased. In cases where there is no will, the court appoints a personal representative who will most likely be family as well.
The survivors who may benefit from a wrongful death claim in Florida include:
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Blood-related dependents, adopted siblings of the deceased, or individuals who were under the care or maintenance of the deceased.
Grounds for a Wrongful Death Claim
In order to successfully prosecute a wrongful death claim, it must be shown that the death was caused by negligence, recklessness, or an intentional act of another party. In the context of a fatal motor vehicle accident, this can include circumstances such as:
- Negligent driving: Speeding, inattentive driving, drunk driving, and other forms of recklessness.
- Vehicle Defects: Malfunctions or defects in the vehicle that contributed to the accident.
- Poor Road Conditions: Rough, bumpy, missing signage, or other forms of municipal negligence.
The Process of Filing a Wrongful Death Claim
Filing a wrongful death claim involves several critical steps:
- Hire a Wrongful Death Attorney: Having a skilled wrongful death lawyer who is experienced in this area of the law will help you navigate the legal process, gather evidence, and prepare your case.
- Probe: Your attorney will investigate the cause of the accident, identify parties who might be deemed liable, and build a case based on police records, witness statements, and expert opinions.
- Filing the Complaint: The Personal Representative will file the wrongful death claim on behalf of the survivors in the appropriate court, specifying the date, time, place, and circumstances of the death and the relevant damages being sought.
- Settlement and Negotiation: If the liable party is insured, his or her insurance company may make you an offer to settle, hoping to avoid a long, drawn-out court battle. Your attorney, acting on your behalf, will negotiate the terms of the settlement to ensure you receive the most compensation possible for all your damages.
- Litigation: If an agreement cannot be reached, the case will go to trial where a judge or jury will decide the case based on the evidence that’s been presented.
Types of Damages in a Wrongful Death Claim
Florida law allows survivors to seek a number of damages in a wrongful death claim, including economic losses. These losses generally include the financial contributions the deceased would have provided, including lost wages, benefits, and services. Funeral and medical expenses incurred due to the accident are also included.
Survivors may also be entitled to non-economic damages that cover the mental and psychological toll of the loss, including loss of companionship, guidance, and protection.
In cases where the defendant’s conduct was especially egregious, it is important to note that the court may order him or her to pay punitive damages as a way of punishing them and discouraging others from behaving in a similar manner.
Statute of Limitations
If you believe you have a wrongful death claim, it is important to act quickly. Florida law requires that such lawsuits be filed within two years of the date of death, or you may lose your right to compensation.
A Note About Comparative Negligence
Under the comparative negligence rule in Florida, the damages awarded for wrongful death will be reduced by the percentage of fault attributed to the decedent. For instance, if the decedent was found to be 30 percent at fault in causing the accident, the total damages awarded would be reduced by 30 percent.
The Emotional Aspect
There are also emotional dimensions to pursuing a wrongful death claim beyond the legal and financial costs. Suffering a tragic, unexpected death can leave families grieving and traumatized. A wrongful death claim can be part of the healing process, providing a sense of closure and justice.
Speak to Our Wrongful Death Attorney Today for Immediate Assistance
When a loved one has been killed in a car accident in Florida, it’s best for any wrongful death lawsuit to be filed promptly to help ensure that a successful claim is obtained. Attempting to handle this on your own will only add unnecessary stress during an already stressful time. That said, we encourage you to seek legal counsel to protect your rights.
Wrongful death claims in Florida are complex actions and require an understanding of the Florida statutes. No money can replace your loss. However, the Florida wrongful death statutes allow the survivors of the deceased to pursue a claim to maintain financial security during this time of loss and to seek justice for the passing of a loved one.
If you find yourself in this unfortunate situation, consult with a skilled wrongful death attorney who can help you build a strong case and advocate for your family’s rights. Taking prompt and informed action is crucial to securing the compensation and closure you deserve. Contact our office today.
The post Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida appeared first on Searcy Law.
