Pursuing a Florida Wrongful Death Claim Following a Fatal Car Accident

July 6, 2020

After the death of a loved one, especially after an unexpected Florida car accident, there is a lot to deal with. A family must manage their grief, make funeral arrangements, as well as deal with their loved one’s medical bills. Because of this, the thought of filing a lawsuit is often the last thing on a family’s mind. However, a wrongful death claim may ease a grieving family’s financial burden and reduce many of the unavoidable stresses associated with a tragic loss.

Woman Killed on Florida Turnpike

Recently, a woman was killed, and several more were injured after a three-car crash on the Florida Turnpike. According to a local news report covering the accident, a van did not slow for traffic and hit the rear end of a car. After the vehicle was struck, it collided with a third vehicle. Unfortunately, an 84-year-old woman was killed while five others, including two young girls, suffered severe injuries.

Although the families of Florida car accident victims cannot have their loved ones back, Florida state law allows them to bring a claim against all responsible parties. The Florida Wrongful Death Act, contained in Florida Statutes section 768.16, enables the family of an accident victim to file civil charges against the responsible parties. To prove liability, the family must prove the death was caused by that person’s wrongful act, negligence, or breach of contract. Thus, a wrongful death lawsuit can only be brought if the deceased could have filed a lawsuit for the injuries he sustained, had he survived.

When awarding damages, the victim’s family may recover for loss of income, as well as medical expenses and mental pain and suffering. A surviving spouse can also recover for loss of the victim’s companionship and protection, while the children of the victim can receive damages for lost parental companionship, instruction, and guidance. If successful, any amount recovered through a Florida wrongful death case goes directly to the deceased’s next of kin.

Like many claims, there is a limited amount of time to file a wrongful death suit. In Florida, a wrongful death lawsuit must be filed within two years of the date of the death, although there are a few circumstances where the deadline may be extended.

A wrongful death lawsuit can help a grieving family ease their financial burdens while they are emotionally recuperating. Because the wrongful death process can often be very complex and involves strict deadlines, families considering a claim should speak to an attorney as soon as possible.

Contact a Florida Wrongful Death Law Firm

If you have tragically lost a family member in a Florida car accident, call the dedicated personal injury attorneys at the Grife Law Firm for immediate assistance. With extensive experience handling all types of personal injury matters, we have a successful record bringing wrongful death lawsuits on behalf of our clients. We provide clients with comprehensive advice and clear explanations to help them make the decision that is right for them. To discuss your legal matter, and to set up a free consultation, call our office at 855-998-0770 today.