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After an automobile accident in Florida, a surviving family member can file a claim in civil court for wrongful death. Before submitting a claim, the family member must gather evidence to back up their claim, establish culpability, evaluate the worth of their claim, comply with the statute of limitations, and then file their claim with the court.
It is heartbreaking to lose a family member. Many people's grief is exacerbated by the knowing that their loved one's death may have been avoided. A wrongful death claim can help you hold the responsible person accountable and seek compensation for your losses.
If you are suffering as a result of the death of a loved one in an automobile accident, you may be entitled to file a wrongful death claim against the guilty party. Our experienced wrongful death attorneys at Nooney, Roberts, Hewett & Nowicki can assist you with this difficult procedure. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive dram shop attorneys! ¡Hablamos español!
A wrongful death, according to Florida law[1], is one caused by another party's wrongful act, carelessness, default, or breach of contract.
You might be eligible to file a wrongful death claim against the other motorist if they were under the influence of alcohol at the time of the accident that killed your loved one.
A wrongful death lawyer can assess the facts of your case and decide whether you are entitled to submit a claim. Call us today!
Who Is Qualified to Pursue a Wrongful Death Claim in Florida?
A wrongful death claim must be filed on behalf of a spouse, surviving children, parents, or other dependents by the personal representative of the victim's estate. The personal representative is usually the executor of the estate, as specified in the victim's will. If they died without leaving a will or choosing an executor for their estate, the court will appoint someone to operate on their behalf.
The surviving family of a wrongful death victim is entitled to a wide variety of damages. The actual worth of a case is determined by a number of circumstances, including the length of time the victim lived after the accident, if they had children, and the expense of their funeral or burial.
Survivors are entitled to the following damages:
Compensation won't get rid of your suffering. It is unable to bring back your loved one. However, recouping your family's financial losses might help to alleviate your financial stress.
You have four years from the date of your loved one's death in Florida to initiate a wrongful death lawsuit in court.
Four years may seem like a long time, but constructing a wrongful death case may take a long time. It requires collecting evidence to establish liability and damages. We may need to employ accident reconstruction specialists, physicians, and other professionals and meet with them.
You should obtain legal assistance as soon as possible. This can assist in preserving evidence while also giving your attorney time to establish a strong case for you.
You have the right to hold the individual who caused your loved one's death liable if they died in an automobile accident. You may be allowed to pursue compensation through a wrongful death lawsuit even if criminal charges have been brought.
We realize how difficult this period might be. During this trying time, our caring legal team at Nooney, Roberts, Hewett & Nowicki is here for you. Allow us to handle the legal aspects of your case so you may concentrate on your family. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with one of our wrongful death attorneys at Nooney, Roberts, Hewett & Nowicki if you are a surviving family member looking to sue for wrongful death after a car accident in Florida.
[1] FLA. STAT. § 768.21
