Can You Sue for Wrongful Death after 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.