A wrongful death claim arises when someone dies due to the negligence or recklessness of another person or entity. Through this claim, a surviving family member, the decedent’s personal representative or the individual named in the deceased person’s will can seek damages.
When a person dies in a car accident, one of the above claimants may file a wrongful death claim if negligent or reckless driving, poor road maintenance by the municipality, or a defect in the vehicle’s design or manufacture caused the crash.
Who can file a claim?
In Florida, claimants must file a wrongful death lawsuit within two years of the person’s death. Typically, a surviving spouse, another family member, personal representative or someone named in the deceased’s will files the lawsuit. An attorney experienced in wrongful death claims can help explain the process and assist in filing the claim.
What compensation may be available?
Compensation in any wrongful death lawsuit may include both economic and non-economic damages, such as:
- Financial support the deceased would have provided
- Funeral and burial expenses
- Loss of companionship and support for the surviving spouse
- Medical bills incurred before the death
In cases of reckless behavior, courts may also award punitive damages. These are separate from compensatory damages and are meant to punish particularly bad conduct.
Strengthening your case
Securing evidence is crucial when proceeding with a wrongful death claim. It’s important to hire a qualified and experienced attorney as soon as possible after a tragic loss. The attorney can gather medical records, police reports, and witness statements and may hire experts to reconstruct the crash or analyze the vehicle. In addition to meeting the statute of limitations, hiring an attorney soon after the death can also prevent evidence from being lost or altered and ensure that witnesses’ memories remain accurate.