After a Florida car accident, victims and their families often face a slew of financial, psychological, and medical turmoil. These accidents can leave individuals in a position where they must navigate complicated and bureaucratic processes to obtain the compensation they deserve. More often than not, a fatality exacerbates the complexity of these cases. When a family suffers the loss of a family member after a Florida accident, they may be able to seek compensation through Florida’s Wrongful Death Act.
Under Florida section 768.16, the Wrongful Death Act provides family members with recourse against negligent individuals who caused the death of their loved ones. Those wishing to evoke their statutory rights must be able to establish that the defendant’s negligence resulted in the victim’s death. The negligence may be rooted in negligence, recklessness, breach of contract, or another wrongful act. These claims often follow Florida fatal car accidents, premises liability accidents, and medical malpractice incidents.
For instance, recently, a local news report described a harrowing accident that may result in a wrongful death lawsuit. According to the article, highway patrol reported that the accident occurred when one car traveling southbound lost control and crashed into another car at an intersection. The men in the vehicle that lost control were hospitalized for critical injuries. However, sadly, the individuals in the car at the intersection died from their injuries.
Under the law, personal representatives of the deceased individuals may file a wrongful death claim. Even though the representative brings the claim, it is done on behalf of the victim’s estate and their surviving family members. Qualifying family members include the deceased’s spouse, children and parents, and any blood or adoptive sibling dependent on the decedent for support. Family members must abide by the strict statute of limitations to ensure that their claims remain viable. Generally, the family must file the lawsuit within two years of the death. However, there are exceptions in specific instances.
Family members may be entitled to damages related to the deceased’s support and services, and companionship. Further, they may claim loss of companionship and protection damages. Similar to other negligence claims, family members may also assert losses related to pain and suffering, medical expenses, lost wages and benefits, and “prospective net accumulations” of the estate-if the decedent had survived.
Has Your Loved One Died Because of Another’s Negligence?
If you or someone you know has suffered the loss of a loved one because of another’s negligence, you should contact the Law Offices of Robert Dixon. Our law firm attorneys provide family members with compassion, respect, and zealous advocacy during these emotionally draining lawsuits. We handle Florida car accidents and wrongful death claims following car, truck, boating accidents, medical malpractice, slip and falls, and other similar situations. Through our dedicated and diligent representation, we have recovered significant amounts of compensation on behalf of our clients. We maintain an active practice dedicated to representing Florida injury victims and their families. Contact our office at 877-499-4878, to schedule a free initial consultation with an attorney on our legal team.