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3 FAQs About Wrongful Death Claims Resulting From Car Accidents

October 15, 2019

by Donaldson & Weston

personal injury lawyer

Coping with the loss of a loved one is always difficult, but it can be especially challenging when the death is unanticipated. When someone dies in a car accident, for example, surviving family members never get the chance to say goodbye.

In such a scenario, filing a claim against any negligent parties will not undo the tragedy, but it may help you and your loved ones maintain your financial security in the wake of the loss. A successful wrongful death claim might yield compensation for all the damages incurred as a result of the death including medical bills, funeral costs, and lost income.

If you think your family has grounds for a wrongful death claim, contact Donaldson & Weston to discuss your case. Our compassionate personal injury attorneys have helped hundreds of clients in tort claims of varying complexity. Call 772-266-5555 to schedule a free consultation with a strategic wrongful death lawyer in Florida.

Read on to learn the answers to some of the most frequently asked questions about wrongful death claims resulting from car accidents:

Who May File a Wrongful Death Claim in Florida?

In the state of Florida, a wrongful death claim may only be brought by the personal representative of the deceased’s estate. If the claim is successful, those who are entitled to some portion of the payout may include the deceased’s spouse, children, parents, and dependent blood relatives.

What Kinds of Damages Might Be Recoverable in a Florida Wrongful Death Claim?

When someone dies in a car accident in the state of Florida, the personal representative of the estate may be able to pursue compensation for the following damages on behalf of surviving family members:

  • Medical bills accumulated after the accident;
  • Funeral and burial expenses;
  • Lost wages and benefits;
  • Loss of anticipated inheritances;
  • Loss of support and services;
  • Loss of companionship and guidance; and
  • Mental and emotional pain and suffering (when the deceased is a child).

How Long Do Families Have to Commence Wrongful Death Proceedings Following a Car Accident?

In Florida, the wrongful death statute of limitations is typically two years. That means the personal representative of the deceased’s estate has two years from the date on which the accident occurred—or the date on which the victim passed if he or she did not die at the scene—to file a formal lawsuit against any liable parties.

If you are unable to reach a settlement with the insurance company within the two-year timeframe and attempt to bring your case to court after the statute of limitations has passed, the judge will likely dismiss your case. This is why it’s so important to consult a lawyer right away to commence the proceedings as soon as possible.