Can a Family Member Sue for Wrongful Death After a Car Accident?

If someone in your family died in a car accident in Florida that wasn’t their fault, then you can claim damages by filing a lawsuit in civil court. Before filing the claim, it is necessary to gather evidence and prove liability, meet the statute of limitations, determine the value of your claim and then file the claim with the court.

Losing a loved one is always an incredibly difficult experience, but when their death could have been prevented, it can make the loss even more painful. A wrongful death claim can hold the at-fault party to account and take away the financial stress you may be experiencing following the death of a family member.

Following the death of a family member, you shouldn’t have to deal with the stress of a legal battle. Florida’s legal system is complex, and an attorney can do the legal work for you, so you don’t have to. They will also strive to maximize the amount of compensation that you receive. Contact The Law Place today for a free consultation at (941) 444-4444.

A woman brings flowers to her loved one’s gravesite. Not all family members may file a wrongful death claim after a deadly car accident.

The Legal Definition of Wrongful Death

According to Florida Statute 768.21, the definition of wrongful death is,

“The wrongful act, negligence, default, or breach of contract.”

Wrongful death is when someone dies because of a legal fault of another party. Examples include:

• Negligence (such as a car accident).
• A defective product.
• Medical malpractice.
• An intentional act (including crimes).

Car accidents are usually because of another driver’s negligence. As a driver, you have a duty of care to those around you to keep them safe. If someone acts in a negligent way – which means they break the rules of the road or do not act as a reasonable person would have, and those actions lead to the death of another person, then they can be held liable for wrongful death.

For example, if another driver speeds through a red light, and that leads to an accident that killed your loved one, you could pursue a wrongful death claim against them.

Another scenario of a wrongful death claim after a car accident could be defective products. If the car your loved one was driving was unsafe, then it is possible for a wrongful death claim to be made against a car manufacturer or even a mechanic.

On the other hand, if road conditions led to the danger that caused a car accident, then it could be the organization responsible for the maintenance of the road that is responsible.

The Law Place offers a free consultation to help you determine whether you are eligible to file a claim before you pursue a legal battle.

Step-by-Step Guide to Filing a Wrongful Death Lawsuit in Florida

Filing a wrongful death lawsuit can be a complex and emotional process. This guide aims to simplify the steps involved in filing such a claim in Florida, helping you navigate the legal system during this challenging time.

Step 1: Determine Eligibility

• Identify the Personal Representative – In Florida, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. This person is either named in the will or appointed by the court.
• Check Your Relation – The lawsuit is filed on behalf of the decedent’s immediate family members, like spouses, children, or parents.

Step 2: Gather Evidence

• Collect Documentation – Obtain the death certificate, medical records, police reports, and any other evidence that supports the cause of death and potential negligence.
• Photographic Evidence – If possible, collect photographs from the accident scene.
• Witness Statements – Compile statements from witnesses if available.

Step 3: Establish Negligence

• Determine Fault – Show that the death resulted from another party’s negligence, default, wrongful act, or breach of contract.
• Seek Expert Opinions – Consider getting professional accident reconstruction reports or expert testimonies.

Step 4: Consult a Wrongful Death Attorney

• Legal Knowledge – Engage with an attorney who is experienced in wrongful death cases. They can guide you through the legal intricacies and represent your interests.
• Initial Consultation – Most law firms offer a free initial consultation to evaluate your case.

Step 5: Calculate Damages

• Economic Damages – Include lost wages, potential future earnings of the deceased, medical and funeral expenses.
• Non-Economic Damages – Consider pain and suffering, loss of companionship, and emotional distress.

Step 6: File the Lawsuit

• Prepare Legal Documents – Your attorney will draft and file a complaint in a civil court, outlining the legal basis for the claim and the damages sought.
• File within the Statute of Limitations – In Florida, this lawsuit must be filed within two years from the date of death.

Step 7: Discovery Process

• Exchange of Information – Both parties investigate the facts of the case through depositions, document requests, and interrogatories.
• Pre-trial Motions – Your attorney may file motions to resolve or narrow down legal issues.

Step 8: Settlement Negotiations

• Consider Settlement Offers – Many wrongful death cases are settled out of court. Weigh any settlement offers with your attorney’s guidance.
• Negotiate Terms – Your attorney will negotiate with the defendant’s side to seek fair compensation.

Step 9: Trial

• Prepare for Court – If a settlement isn’t reached, the case goes to trial. Your attorney will present evidence and arguments before a judge or jury.
• Verdict and Judgment – The court will render a verdict, and if successful, will issue a judgment for damages.

Step 10: Collecting the Award

• Securing Payment – After a favorable verdict, the next step is collecting the awarded amount.
• Post-Trial Motions or Appeals – Be prepared for potential appeals from the losing party.

Step 11: Closure and Moving Forward

• Emotional Support – Seek counseling or support groups to cope with the loss.
• Financial Planning – Work with financial advisors to manage any compensation received wisely.

Who Can File a Wrongful Death Lawsuit After a Car Accident in Florida?

In accordance with Florida Statute 768. 20, a personal representative of the decedent’s estate must file a wrongful death lawsuit. The personal representative can claim damages on behalf of surviving family members, including a spouse, children, parents, or other dependents.

A personal representative is the executor of the estate, as outlined in the victim’s will. If the deceased person did not have a will or did not select an executor of their estate, the court will appoint someone.

Possible Damages in a Wrongful Death Claim in Florida

In a successful wrongful death claim, the defendant will be ordered to pay damages designed to compensate the family for both their emotional suffering and their financial losses.

As per Florida Statute 768.21, damages are broken down into two categories, those awarded to the deceased person’s estate and those awarded to the family.

Damages Awarded to the Estate

Damages awarded to the state cover the economic losses of the deceased, for example:

• Lost wages from the date of the deceased person’s injury, up until their death.
• The value of wages that the deceased could have been expected to earn and leave as part of their estate if they had lived.
• Any costs that were paid directly by the estate, such as medical bills or funeral costs.

Damages Awarded to the Family

The family can be awarded both economic and non-economic damages. For example;

• Medical and funeral expenses that were paid for by a surviving family member.
• The economic loss of surviving family members who relied on financial support from the deceased.
• Pain and suffering damages, which are designed to compensate for emotional suffering. Examples include loss of parental guidance and loss of companionship and affection.

Does the Defendant Need to Be Found Guilty of a Crime in Order to Claim Damages?

The defendant does not need to be found guilty of any crime in order for them to be liable for damages in a wrongful death lawsuit. While this may sound strange, it allows more people to claim damages successfully.

In Florida, a wrongful death lawsuit works in a similar way to a personal injury lawsuit. In both cases, the liability of the defendant is expressed in terms of damages (financial compensation), but in a wrongful death claim, the damages are awarded to the family of the deceased rather than the victim of negligence.

On the other hand, a conviction for criminal homicide could lead to prison time, fines paid to the state, probation, and other penalties.

For a conviction, the defendant’s guilt must be established “beyond a reasonable doubt.” This can be a very difficult thing for the prosecution to secure.

However, personal injury and wrongful death lawsuits are civil lawsuits. In civil lawsuits, the liability of the defendant needs only to be established” by a preponderance of the evidence.” It must only be proven that the defendant was more than likely responsible.

Many cases will result in both a criminal conviction and a wrongful death lawsuit, meaning that the defendant can face criminal charges and be sued in civil court for the same action. However, a criminal conviction is not necessary to claim damages in a wrongful death claim, and where a conviction is not possible, you may still be able to claim compensation.

Statutes of Limitations for Wrongful Death Claims

iin a wrongful death lawsuit, you have just two years from the date of your loved one’s death to make a claim.

Building a successful wrongful death claim can be time-consuming, and gathering evidence to prove liability is often easier soon after the accident. It could involve things like police reports, medical records, CCTV, witness statements, photographs of the accident, and even accident reconstruction specialists.

It is important that you seek help as soon as possible. We understand that you may feel that you need more time to grieve before pursuing a legal battle, but you can rest assured that when you seek representation from The Law Place, we will do everything possible to take away some of the stress and handle the legal bit on your behalf.

A Wrongful Death Lawyer Can Help Your Family

At The Law Place, we first offer a free legal consultation so that you can ask any questions you may have before you agree to representation.

Once you sign the dotted line, an experienced wrongful death attorney will become your advocate. They will be on hand to answer questions and will work tirelessly to maximize the amount of compensation you could receive.

With your permission, they will also discuss your case with their whole team so that you can benefit from a range of skills and experiences. After all, many pairs of eyes are better than one, and this gives your case the best chance of success!

Legal Rights and Responsibilities of Surviving Family Members in Wrongful Death Cases

Legal Rights

• Right to File a Lawsuit – In Florida, the personal representative of the deceased’s estate files the lawsuit, benefiting the surviving family members like spouses, children, and parents.
• Right to Compensation – Family members are entitled to seek damages for lost support and services, lost companionship and protection, mental pain and suffering, and medical or funeral expenses they have paid.
• Right to an Attorney – Survivors have the right to seek legal representation to guide them through the wrongful death claim process.

Responsibilities

• Choosing the Personal Representative – If not already appointed, the family must agree on a personal representative for the estate.
• Filing within the Statute of Limitations – In Florida, the wrongful death lawsuit must be filed within two years from the date of death.
• Providing Evidence – Family members may need to assist in gathering evidence, including financial records and personal testimony, to support the claim.

Updates and Changes in Wrongful Death Laws in Florida

As of my last update in April 2023, there were no significant legislative changes to the wrongful death laws in Florida. However, it’s important for readers to stay informed about any potential updates that may arise. Changes in the law can impact how wrongful death claims are filed, processed, and compensated.

Key areas to watch for changes include:

• Statute of Limitations – Any alteration in the time frame allowed for filing a wrongful death lawsuit.
• Eligibility – Modifications in who can file or be represented in a wrongful death claim.
• Types of Damages – Adjustments in compensable damages, such as economic losses, pain and suffering, or punitive damages.
• Procedural Changes – Updates in the legal process for filing and litigating wrongful death claims.

Impact of Wrongful Death on Families

The emotional and psychological impact of a wrongful death on families is profound and multifaceted. The sudden loss often brings a wave of grief, anger, and confusion, impacting the mental health of surviving family members.

• Emotional Support – Seeking support from grief counselors or support groups can be beneficial. These resources offer a safe space to share feelings and receive comfort from others who have experienced similar losses.
• Legal Stress – Navigating the legal aspects of a wrongful death claim can add to the emotional burden. It’s important to have compassionate and competent legal representation to handle these complexities.
• Long-Term Impact – The loss can have lasting effects on the family dynamics, financial stability, and mental health of the survivors. It’s crucial to acknowledge these long-term impacts and seek ongoing support.

Can a Family Member Sue for Wrongful Death After a Car Accident? FAQ

Who is eligible to file a wrongful death lawsuit in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This representative acts on behalf of the decedent’s survivors, which can include the spouse, children, parents, and sometimes other dependent relatives.

What is the statute of limitations for filing a wrongful death lawsuit in Florida?

The statute of limitations in Florida is two years from the date of the deceased’s death. It’s crucial to file the lawsuit within this timeframe, as failing to do so may result in the loss of the right to sue.

What types of damages can be claimed in a wrongful death lawsuit in Florida?

Damages in a wrongful death case may include loss of support and services, lost companionship and protection, mental pain and suffering, lost parental guidance (for children), and medical or funeral expenses paid by survivors or the estate.

How Much Will It Cost?

At The Law Place, our attorneys work on a contingency basis, monitored by The State Bar Association. This means that our fee is deducted as a percentage of your eventual payment. You pay nothing upfront, there are no hidden costs, and if your case is unsuccessful, then we will not receive anything.

Can a wrongful death lawsuit be filed if the deceased did not have a will?

Yes, a wrongful death lawsuit can still be filed. If there is no will, the court will appoint a personal representative to file the claim on behalf of the estate and the survivors.

What evidence is needed for a wrongful death lawsuit in Florida?

Evidence may include the death certificate, medical records, police reports, eyewitness statements, photographs or videos from the accident scene, and expert testimonies to establish negligence and causation.

Can punitive damages be awarded in a wrongful death lawsuit in Florida?

Yes, punitive damages, which are intended to punish the wrongdoer for particularly egregious behavior, can be sought in Florida wrongful death cases, though they are not awarded in every case.

How long does a wrongful death lawsuit typically take in Florida?

The duration varies greatly depending on the complexity of the case, the willingness of parties to settle, and the court’s schedule. It can range from several months to a few years.

Is it necessary to have a lawyer for a wrongful death lawsuit in Florida?

While not legally required, having an experienced wrongful death attorney is highly recommended. Wrongful death cases can be complex, and a lawyer will help navigate the legal system, gather evidence, and maximize the potential compensation.

Can a wrongful death claim proceed if the person responsible dies before the lawsuit is filed?

Yes, the claim can still proceed. In such cases, the lawsuit would typically be filed against the estate of the responsible party.

How are wrongful death settlements divided among family members in Florida?

The division depends on the court’s assessment of each survivor’s loss. Factors include the relationship to the deceased, the extent of dependence on the decedent, and the life expectancy of all parties involved.

Contact a Wrongful Death Attorney in Florida Today

Wrongful death cases are complicated. The insurance company of the at-fault driver in a fatal car accident will likely have their own wrongful death lawyer on hand to limit the amount they need to payout. It is important that you have a wrongful death attorney who can guide you through the legal process.

Our lawyers prioritize the attorney-client relationship and will always keep any sensitive or confidential information secure. We have dealt with many wrongful death cases and will always be respectful and attentive to your personal experience.

Following the loss of immediate family members, it is important that you do not have to suffer financially, as this only adds stress to an already difficult situation. We will do everything possible to maximize the compensation you receive.

To book your free case evaluation today, contact The Law Place today at (941) 444-4444.