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FAQs about filing a wrongful death claim after a car accident

On Behalf of | Aug 24, 2023 | Motor Vehicle Accidents |

The trauma and pain of losing a loved one in a car accident is unimaginable. Alongside the emotional heartbreak, families often grapple with financial difficulties and a whirlwind of unanswered questions.

If you suspect that another person’s negligence or recklessness led to the accident that claimed your loved one’s life, you might think about pursuing a wrongful death claim in Florida. Here are some frequently asked questions about this legal step.

What is a wrongful death claim?

A wrongful death claim is a legal action family members or beneficiaries file when they believe another’s negligence or misconduct directly caused their loved one’s death. This claim allows for compensation for the damages and losses tied to the death.

Who has the right to file this claim in Florida?

In Florida, the personal representative of the deceased person’s estate files the wrongful death claim. The deceased might have named this representative in their will or estate plan. If not, the court will appoint a representative.

What types of compensation can you pursue?

In a wrongful death claim, you can aim to recover lost wages and benefits the deceased might have provided, medical or funeral expenses the family covered and intangible losses such as the loss of companionship, guidance and protection. Surviving family members might also seek compensation for the mental pain and suffering they experienced.

What is the timeframe for filing this claim?

Florida’s deadline for filing wrongful death claims is generally two years from the date of death.

How can you make sure your wrongful death claim is valid?

To get a successful claim, you must show that the responsible party had a duty of care toward the deceased, they failed in that duty, their failure directly caused the death and the death resulted in damages the court can award.

Does this claim differ from a regular car accident claim?

Yes, these claims address different outcomes. A regular car accident claim pertains to injuries from the accident and seeks compensation for those specific injuries. A wrongful death claim centers on the death due to the accident and the associated losses.

Going through life after the loss of a loved one is complex and filled with challenges. By understanding wrongful death claims, you can make informed decisions and possibly find a path to justice and compensation.