Losing a loved one in a car accident is one of the hardest experiences a family can go through. When the death was caused by someone else’s actions, it can feel even more overwhelming. In Florida, families have the right to file wrongful death claims to seek justice and compensation for their loss. Understanding how this process works can help families move forward with clarity. Here, we answer common questions families may have about wrongful death claims in Florida car accident cases. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.
What is a wrongful death claim?
A wrongful death claim is a legal process that allows certain family members to seek compensation when someone dies because of another person’s negligence or wrongdoing. In car accident cases, this could mean a reckless driver, a defective vehicle part, or unsafe road conditions caused by improper maintenance. The purpose of these claims is to hold the responsible party accountable and to provide financial support for the family left behind. In Florida, wrongful death claims are governed by specific laws that outline who can file the claim, what damages can be recovered, and the time limits to take legal action.
Who can file a wrongful death claim in Florida?
In Florida, only the personal representative of the deceased person’s estate can file a wrongful death claim. This person is usually named in the deceased’s will or appointed by the court if no will exists. The personal representative files the claim on behalf of the surviving family members who are eligible to receive compensation. These family members typically include the deceased’s spouse, children, and parents. In some cases, other relatives who depended on the deceased for financial or emotional support may also be eligible. Understanding who qualifies to be part of the claim is an important step in the legal process.
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What damages can families recover in a wrongful death claim?
Florida law allows families to recover various types of damages in wrongful death cases. These damages are meant to compensate for the financial and emotional losses suffered because of the loved one’s death. Families may recover compensation for medical expenses incurred before the death, funeral and burial costs, and lost income or benefits that the deceased would have provided. Additionally, families can seek damages for the pain and suffering they have experienced, as well as the loss of companionship and guidance that the deceased provided. Calculating these damages can be complex, as they often involve assessing the deceased’s future earnings and the emotional impact on the family.
How long do families have to file a wrongful death claim in Florida?
In Florida, families have a limited time to file a wrongful death claim. This time limit is known as the statute of limitations, and in most cases, it is two years from the date of the death. However, certain exceptions may apply, such as cases involving government entities or hidden defects that caused the accident. It is crucial for families to act promptly to ensure their claim is filed within the legal deadline. Failing to meet this deadline can result in losing the right to seek compensation, which is why it is important to begin the process as soon as possible.
Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.” - Mary Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!" - Kylie Collier Border I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help." - Sandy Carter
How is fault determined in a wrongful death car accident case?
Fault in a car accident is determined by examining the actions of all parties involved and the circumstances surrounding the crash. Evidence such as police reports, witness statements, traffic camera footage, and accident reconstruction can help establish who was responsible. In some cases, more than one party may share the fault. Florida follows a comparative fault system, meaning the compensation awarded may be reduced if the deceased person is found to have been partially at fault for the accident. Understanding how fault is determined is a key aspect of building a strong wrongful death claim.
Can families still file a claim if the deceased person was partially at fault?
Yes, families can still file a wrongful death claim even if the deceased person was partially at fault for the accident. Florida’s comparative fault system allows families to recover compensation, but the amount may be reduced by the percentage of fault assigned to the deceased. For example, if the deceased was found to be 20 percent at fault, the compensation awarded would be reduced by that percentage. This system ensures that families are not completely barred from seeking justice and support, even in cases where the deceased shared some responsibility.
What if the responsible party does not have insurance?
When the responsible party in a car accident does not have insurance or has inadequate coverage, it can complicate the process of recovering damages. In such cases, families may turn to the deceased person’s own insurance policy if it includes uninsured or underinsured motorist coverage. This type of coverage can provide compensation when the at-fault party is unable to pay. Families may also explore other options, such as pursuing the responsible party’s personal assets, although this can be more challenging. Understanding all available sources of compensation is essential to securing the financial support needed after a loss.
How does hiring an attorney help with wrongful death claims?
The process of pursuing a wrongful death claim can be overwhelming, especially for families who are already grieving. An experienced attorney can guide families through each step, from gathering evidence and identifying liable parties to negotiating with insurance companies and presenting the case in court if necessary. Attorneys are also skilled at calculating the full extent of damages and ensuring that families receive fair compensation. Having a knowledgeable advocate on your side can make a significant difference in navigating the legal system and achieving justice for your loved one.
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What should families do after a wrongful death caused by a car accident?
After losing a loved one in a car accident, families should focus on their emotional well-being while also taking steps to protect their legal rights. Preserving evidence from the accident scene, obtaining copies of police reports and medical records, and documenting financial and emotional losses can be helpful when pursuing a claim. Families should also avoid discussing the case with insurance companies without first consulting an attorney, as insurers may try to minimize their liability. Taking these actions early on can strengthen the claim and help families move forward with confidence.
Why is it important to act quickly after a wrongful death?
Acting quickly after a wrongful death is important for several reasons. First, gathering evidence and witness statements is easier when the incident is still fresh in people’s minds. Second, Florida’s statute of limitations limits the time families have to file a claim, so delaying action can jeopardize their ability to seek compensation. Finally, pursuing a claim sooner rather than later allows families to address financial burdens such as medical bills and funeral expenses more effectively. Taking prompt action can help families protect their rights and secure the support they need during a difficult time.
If you have lost a loved one in a car accident caused by someone else’s negligence, Serrano Law understands the pain and challenges you are facing. Our compassionate legal team is dedicated to helping families in Florida navigate the wrongful death claims process with care and determination. We are here to guide you through every step, from filing the claim to seeking the justice and compensation you deserve. Contact Serrano Law today for a consultation and take the first step toward finding closure and holding those responsible accountable for their actions.