3 FAQs About Truck Accident Wrongful Death Claims

December 16, 2019

by Donaldson & Weston

personal injury lawyer

While most car accidents are fairly inconsequential, it’s not uncommon for large truck crashes to have catastrophic consequences. If you lost a loved one in a truck accident, you may be wondering how your family is going to cope in the aftermath—both emotionally and financially.

Although filing a claim against those liable for the wreck will not abate the trauma of the loss, recovering damages may alleviate the financial burden. To reduce any uncertainty you’re feeling about the proceedings, it’s a good idea to familiarize yourself with the claims process.

Below are the answers to some frequently asked questions about truck accident wrongful death cases:

1. How Can I Prove Fault for a Fatal Truck Accident?

If your loved one has died in a truck accident, the strongest evidence of liability will depend on the circumstances. Generally speaking, though, it might include:

 

  • Data from the truck’s “black box;”
  • Eyewitness testimony;
  • Statements from accident reconstruction experts;
  • Dash cam footage;
  • Surveillance recordings from cameras posted near the scene;
  • Cell phone records;
  • The official police report;
  • Photographs of the wreckage;
  • The trucking logs; and
  • The results of any chemical tests conducted at the scene.

2. How Long Does My Family Have to File a Wrongful Death Lawsuit?

In Florida, the personal representative of the deceased’s estate has a limited amount of time to bring the case to court if a settlement cannot be reached. The deadline is typically two years; however, it’s wise to seek legal counsel as soon as possible because certain tasks might have to be completed sooner.

For example, if you want to name a government entity in the claim—perhaps poor road conditions were to blame for the wreck—you must submit a written notice, allow for a 180-day investigation period, and file the lawsuit within two years.

3. What Kinds of Damages Might Be Recoverable?

When a wrongful death claim is successful, eligible beneficiaries might recover compensation for:

  • Medical expenses;
  • Reasonable funeral and burial expenses;
  • Loss of companionship, guidance, and protection;
  • Loss of support and services;
  • Lost income and benefits;
  • Loss of anticipated inheritances; and
  • Pain and suffering, if the deceased was a child.

In addition to the damages listed above, the estate may be able to recover compensation for damages to which the victim would have been entitled had he or she lived by bringing a survival action. Examples of such damages include medical bills, lost income from the time of the injury to the death, and property repairs.

Call 772-266-5555 Today to Speak with a Truck Accident Lawyer in Florida

If your loved one was killed in a truck accident, contact Donaldson & Weston to determine the most strategic way to proceed.  Our compassionate wrongful death lawyers will handle the logistics of your case so you can focus on taking care of your family. Call 772-266-5555 today or fill out our Online Contact Form to set up a free consultation with a truck accident attorney in Florida.