A surviving family member can sue for wrongful death after a car accident in Florida by filing a lawsuit in a civil court. Before filing the claim, the family member must gather evidence to support the claim, prove liability, determine the value of their claim, meet the statute of limitations, and then file their claim with the court.
Losing a family member is tragic. For many people, the pain of losing their loved one is compounded by the knowledge that the loss was preventable. A wrongful death claim can help you hold the at-fault party responsible for their actions and recover compensation for your losses.
If you are suffering after the loss of a loved one in a car accident, you may be eligible to file a wrongful death claim to hold the liable party responsible. The wrongful death team at Chalik&Chalik Injury Lawyerscan help you through this challenging process. Contact our team today at 855-529-0269 for a free case evaluation.
Understanding the Legal Definition of Wrongful Death
According to Florida statutes, a wrongful death is one caused by “the wrongful act, negligence, default, or breach of contract” of another party.
For example, if the other driver was under the influence of alcohol when the accident that resulted in the death of your loved one occurred, you may be able to pursue a wrongful death claim against them.
A wrongful death attorney can evaluate the details of your case and determine if you are eligible to file a wrongful death claim.
Who Can File a Wrongful Death Claim After a Car Accident in Florida?
Florida law outlines who is eligible to file a wrongful death claim. The statute states that the personal representative of the victim’s estate is responsible for filing a wrongful death claim on behalf of a spouse, surviving children, parents, or other dependents.
In most cases, the personal representative is the executor of the estate as outlined in the victim’s will. If they did not have a will or did not select an executor of their estate, the court will appoint someone to act on behalf of the family.
Damages You May Recover In a Wrongful Death Claim in Florida
There is a wide range of damages available to the surviving family of a wrongful death victim. The exact value of a case depends upon many factors, including how long the victim lived after the accidentif they had young children and the cost of their funeral or burial.
Damages available to survivors include:
- Loss of support, including the loss of services and future income
- The loss of companionship for a spouse and their children
- Pain and suffering experienced by the family
- Medical costs incurred before the victim passed away
- The cost of medical and burial expenses
Recovering compensation cannot take away your pain. It cannot bring your loved one home. However, recovering the financial losses your family incurred can, at least, limit your financial stress.
Statutes of Limitations for Wrongful Death Claims
In the state of Florida, you have four years from the date of your loved one’s death to file a wrongful death claim in court.
Four years sounds like plenty of time; however, building a wrongful death case can be time-consuming. It requires gathering evidence to prove liability and damages. We may need to hire and meet with accident reconstruction specialists, doctors, and other professionals.
It is critical that you seek legal help as soon as possible. This will help preserve evidence and give your lawyer time to build a strong case against the defendant.
Contact a Wrongful Death Attorney in Florida Today
If your loved one passes away in a car accident, you have the right to hold the person who caused their death responsible. Even if there are criminal charges filed, you may be able to pursue compensation through a wrongful death claim.
At Chalik& Chalik Injury Lawyers, we understand how trying this time can be. Our compassionate legal team is here for you during this difficult time. Let us handle the legal process so you can focus on your family.
Contact a wrongful death attorney in Florida today at 855-529-0269 if you are a surviving family member looking to sue for wrongful death after a car accident in Florida. We offer a free consultation to help you understand your legal options