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Can You Sue for Wrongful Death after a Car Accident in Florida?

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Parents talking to a wrongful death lawyer after their child was killed in a car accident in florida

Suppose your loved one was killed in a Florida car accident due to another driver’s negligence. In that case, you might be eligible to recover maximum damages for wrongful death in Florida. However, your case must meet all wrongful death requirements and be filed within the statute of limitation for wrongful death claims in Florida. 

Over the past 40 years, the wrongful death attorneys at Schrier Law Group have represented countless individuals in wrongful death cases. Our lawyers are here to investigate your case, negotiate your claim, and hold all responsible parties accountable for the death of your loved one. 

Contact us today at 1-888-831-2688 for your free initial consultation with a proven Florida wrongful death lawyer. 

What Constitutes Wrongful Death in Florida? 

Generally, a wrongful death occurs when an individual dies due to another party’s negligence, wrongful act, breach of contract, etc. That means that an individual who causes a car accident resulting in death may be liable for wrongful death. It’s important to note that an individual can be responsible for a wrongful death, whether the act was accidental or intentional. 

Who Can File a Wrongful Death Claim in Florida? 

Suppose the deceased person names a personal representative in their will or estate plan. In that case, the personal representative can file a wrongful death claim on behalf of the deceased’s estate and family. 

However, if there is no will or estate plan, the Florida courts will appoint a representative. Generally, the following people can be named in a wrongful death suit in Florida: 

  • Spouse, parents, or children of the deceased
  • Relatives related by blood 
  • Adopted siblings 

If the victim was a child, the parents could file a wrongful death claim. Further, if the deceased was divorced or unmarried, the adult children can file a claim. 

7 Damages You Can Recover For Wrongful Death

According to Florida Statute § 768.21, a personal representative can file a wrongful death suit for the following damages, but are not limited to: 

  • Medical bills – The cost of emergency medical care and other life support measures taken before the death occurs. 
  • Hospice care – If your loved one suffered serious injuries like traumatic brain injuries, internal bleeding, etc., resulting in the need for hospice care, the costs can be recovered via a wrongful death claim. 
  • Funeral costs – Funerals are not cheap. The last thing you want to worry about is the cost of burial, a casket, etc. Wrongful death claims can take care of the funeral costs. 
  • Lost income – Suppose your loved one was the family breadwinner. In that case, the personal representative could file a wrongful death claim for the income lost as a result of their death. 
  • Lost future income – In addition to lost income, the personal representative can file a claim for the value of income expected in the future. 
  • Mental pain and suffering – Losing a loved one can cause all sorts of mental anguish and pain. Fortunately, a wrongful death claim can help recover damages for the mental injuries caused by your family member’s death. 
  • The value of lost support – can include supportive measures like rent, cutting the grass, cleaning the house, babysitting, and much more. 

It’s important to note that wrongful death cases are civil claims. However, criminal cases and wrongful death cases can coincide in some instances. Further, each case is independently evaluated by the courts. 

If you’re considering taking legal action for the untimely death of your family member, it’s in your best interest to consult a wrongful death attorney as soon as possible. Contact Schrier Law Group today to discuss the merits of your case. 

Contact The Best Wrongful Death Attorney in Florida 

Wrongful death claims are complex, emotionally draining, and drawn out. With that in mind, it’s essential to work with a personal injury lawyer you can trust who will fight for maximum compensation on behalf of you and your family.

Our wrongful death attorneys are here to walk you through the process step-by-step. When you work with us, you can expect: 

  • Careful investigation of your case
  • Identification of eyewitnesses
  • Negotiations with insurers (if necessary)
  • Representation in court 
  • Assistance in settling family disputes about death claim benefits 
  • An attorney who will fight for maximum compensation for you and your family

The sudden loss of a loved one can be devastating. During this challenging time, focus on yourself and your family, and let us focus on the legal aspect of your wrongful death claim. Contact us today at 1-888-831-2688 to discuss the details of your case with a proven wrongful death lawyer in Florida. 

Read Our Reviews

Schrier Law Group is rated 5 out of 5.0 stars based on 21 review(s).

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The firm is super professional and handled my husbands vas amazingly. I should refer them to some in need of an attitude.

- Isabel Sabrina De Ramirez

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The Schrier Law Group are hands down the best and should be your go to for all your legal troubles. They are such professionals; efficient, persistent and don’t take no for an answer. Thank you so much Chatriece, Geissie, Paul & everyone at Schrier Law Group for your patience and making my win possible!

- Marika Ford

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Shrier Law Group extremely thorough. A really caring Law Firm. My previous lawyer sat on my case for 2 years did nothing with it by chance came across Mr Paul schreier firm and explaining my case he noticed I was not hopeful but he was able to encoirage me and was able to resolve my case within a year I'm so grateful for Mr Paul Schrier and Mrs Chatrice. They go above and beyond. 20⭐

- West Jean

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I must say that Mr. Schrier was there when we needed immediate advice after my wife got rear-ended by an unlicensed speeding lunatic. We called a handful of attorneys in our area, but after waiting 2- 5 days they would drop her case. We found Mr Schrier online and he explained the pros/cons and he took the case. We waited patiently, and in time he was able to tracked down the actual owners of the car and get their auto insurance info!

- Gerard Avalos

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The firm pays close attention to locating every possible insurer liable for my injuries. They return my calls in 24-48 hours. Friendly staff who care.

- Mr K

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Attention to detail with the different insurance coverages. Returned my phone calls, which is very important.

- David Kuczenski

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Mr. Paul Schrier is by far the best attorney for the job! He is very responsive, knowledgeable, and very efficient. Despite my very busy schedule, he kept me informed throughout the process. I am very please with the outcome of my case. The customer service I received from the entire team has been amazing! Thank you all so much!

- Ms. Jean

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Not only did I get a phenomenal attorney to represent me in my case, but I also got a step by step education on how the legal process actually worked. I was encouraged to ask questions and be an informed client. I was never treated like a case. I truly felt like the advice and recommendations he gave to me would have been the same he would have pursued if he were the client. That was important to me. I needed to work with an attorney I could trust with my best interest in mind...and that is what I got with Paul Schrier.

- Juan Rodriquez

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I was involved in an auto accident in January 2016. We decided to contact Paul K. Schrier, PLLC for legal advice. He never got annoyed with me calling to ask questions, which was quite often. We have finally reached the final stages of this case, which they handled very well, and have come to a settlement. I highly recommend the Florida personal injury attorneys at The Law Offices of Paul K. Schrier, PLLC, especially Paul K. Schrier to any one who needs a personal injury attorney. Thank you very much Paul for everything you have done do me.

- Martin Tyler

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I called to ask some question about a car accident I was in. I spoke to Paul who was very helpful, honest and professional. It seems that he really care about clients. I appreciate all that Paul did and would certainly recommend to anyone who needs an attorney.

- Mark Anderson

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Best attorney around , I went through a lot of different ones before finding his law firm very professional and they make sure you get paid what you deserve, highly recommend.

- Braulio Duran

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Thank Paul for everything your personal injury law firm has done for my case as well as my daughter. Thanks for all the hard work and attention. Thanks again!

- Maria Jaz

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This is one of the best law office in Miami come in and check them out great people

- Rowdy Martinez

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Best attorney in South Florida

- Fefe Alex

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Was a wonderful experience getting through a tough process!

- Edward Pawley

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Both my wife and I feel grateful for the treatment and the professionalism of the staff. Maritza is great doing her job. It is the second time that I request your services and we are pleased and grateful. Many blessings to this Law Firm

- Reynier Perez

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Awesome wonderful patient Intelligent thoughtful Paul is the best

- Theresa Caprice Caprioli

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Thank you so much for going above and beyond what I had ever anticipated. It was truly a pleasure to work with you all, especially Chatrice. I will most definitely refer The Schrier Law Group to my family and friends.

- Cat Breen

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The Schrier LG is an excellent firm! They accepted my case, provided me with all the procedural information, maintained a high level of professionalism while showing kindness and care. The doctor's office that they suggested is another group of kind and considerate individuals, dedicated to my full recovery. I would recommend the Schrier Group to friends, just as they were recommended to me. I am happy with my settlement and very pleased with the attention and diligence of the group as a whole. Thank you again!

- Michaela Davis

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Schrier Law Group is the best.

- Chatrice Telfort

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Great job! I loved working with Paul.

- Paige