If a loved one has been killed in a car accident in Florida, you may be able to file a wrongful death claim. Wrongful death claims are designed to compensate the surviving family members for their losses, such as funeral expenses, loss of income, and loss of companionship.
To file a car accident wrongful death claim, you must show that the other driver was at fault for the accident and that their negligence caused your loved one’s death. Wrongful death claims can be complex and emotional, which is why it is important to consult with an experienced personal injury attorney. Call 866-730-3508 for a free consultation with an Orlando car accident attorney at the Martinez Manglardi personal injury law firm.
What is a Wrongful Death Claim?
When someone’s negligence causes another person’s death, a personal representative of the deceased may file a wrongful death civil lawsuit. The personal representative is usually a family member or a close friend named in the deceased person’s will.
In Florida, a car accident wrongful death lawsuit can recover damages for the following:
- Medical expenses
If your loved one received medical treatment before their death, you may be able to recover the cost of those medical expenses in a wrongful death lawsuit.
- Funeral and burial expenses
Funeral and burial expenses can be costly. In a wrongful death claim, you may be able to recover the cost of those expenses.
- Loss of income
If your loved one was a wage earner, you may be able to recover the amount of income they would have earned if they had not died as a result of the accident.
- Loss of companionship
The loss of a loved one can be devastating. In a wrongful death claim, you may be able to recover damages for the loss of companionship, comfort, and guidance.
- Pain and suffering
If your loved one suffered before they died, you might be able to recover damages for their pain and suffering.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. The personal representative is usually a family member or a close friend who is named in the deceased person’s will. In the absence of a will, the court will normally grant this right to the surviving spouse. If the deceased was not married, an heir might be a personal representative.
The personal representative can file a wrongful death claim on behalf of the following individuals:
- Surviving spouse
- Parents (if the deceased person was a minor)
- Blood relatives (if the deceased person had no surviving spouse, children, or parents)
In Florida, the statute of limitations means that a wrongful death claim must be filed within two years of the date of the person’s death. If you do not file a claim within this timeframe, you may be barred from seeking compensation for your losses.
What do I Need to Prove in a Wrongful Death Claim?
To file a successful wrongful death claim in Florida, you must prove the following:
- The other driver owed a duty of care to your loved one
- The other driver breached that duty of care
- The breach of duty caused your loved one’s death
- The death resulted in damages
Proving these elements can be challenging. That’s why it’s best to consult with an experienced personal injury attorney who can help you gather evidence and build a strong case.
Car Accident Wrongful Death Lawsuit Attorney
Losing a loved one in a car accident can be overwhelming, and placing a monetary value on that loss – and then recovering a just settlement can be a difficult, challenging process. It’s best to hire an aggressive and experienced wrongful death lawyer who can translate the emotional toll and economic loss into a meaningful amount of money to justly compensate survivors.
If you have suffered a loss resulting from a wrongful death in a car accident, talk to an Orlando car accident attorney at the Martinez Manglardi personal injury law firm. Call 866-730-3508 for a free consultation. Convenient locations throughout Central Florida.