You abruptly wake up to the screeching and crashing sound in the middle of the night. A few minutes later, the loud sirens of ambulances and police cars and the clamor are all over the area. It is already a typical scene for those who live near the main roads. The morning rush and the drunken nights often result in wreckages and deaths.
Car accidents have already been part of our daily lives. When you turn on the television, car crashes are reported on news programs more often than not. You got so accustomed to these events that you already memorized the dos and don'ts. Even when our eyes are shut, you know when and where to cross. Unfortunately, not everyone is as cautious as you are. Despite the stringent measures, road accidents seem natural. Sometimes they happen when you least expect it.
Car Accidents in Florida
Global statistics show that 1.35 million people die in road accidents every year. If we translate it daily, 3,700 people lose their lives in crashes on average. In Florida, over 400,000 road accidents take place every year. It recorded over 3,000 deaths and over 200,000 injuries in car accidents last 2018. The statistics can tell a lot about road traffic in Florida. Apparently, it remains one of the states with the accident rates in the US. Although it should be a safety reminder to all people, the figures did not decrease.
When you’re involved in a traffic accident, you may have the right or obligation to compensate. If it leads to the death of either of the parties, the victim’s close relatives may file a wrongful death claim. In the US, every state has a distinct law application or implementation of it.
What is Wrongful Death?
Wrongful death refers to a claim against the person who caused the death of another person. It is a compensation lawsuit brought to civil court by the victim’s close relatives. Any fatality due to a person’s negligence is subject to a wrongful death claim. A car accident, defective appliances, and medical malpractice are some examples. Every state has its implementation on how the aggrieved party can file it. There are also regulations or guidelines to identify the persons entitled to it.
A wrongful death differs from murder, homicide, and manslaughter. It is brought to civil court rather than criminal court. Also, it is filed not to punish the defendant but to compensate the deceased’s loved ones for their loss.
There are restrictions on when and how to file a wrongful death in Florida. Under its law, wrongful death happens due to a wrongful act, negligence, or breach of contract. Most residents don’t know how to handle it, so they usually go straight to court. But, you must consult with attorneys first to determine and assess the options. They may help you understand your rights under the law of the State.
Who can File a Wrongful Death Car Accident Claim in Florida?
Generally, loved ones or close relatives can file a wrongful death claim. These persons or executors are included in the estate plan or those whom the court has appointed. The same applies to filing a wrongful death car accident lawsuit.
Likewise, a representative can do so on behalf of the family members. He/she must list those who have an interest in the claim. These usually include the following:
- the deceased's spouse,
- children (children below the age of 25 are minors for this case. They may receive higher claims than the adult ones.)
- parents
Other relatives may be eligible after the primary beneficiaries already received their claims. Keep in mind that a wrongful death attorney must also be present in court to file the official complaint. Like other compensation lawsuits, it must be filed within a certain period. In Florida, the statute of limitations for this case is two years from the victim’s death. If it is not filed within the period, the representatives will lose the right to file a claim.
Damages in a Wrongful Death Claim |
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| Economic Damages | These are compensation for monetary losses like medical expenses, loss of employment or earnings, and repair or replacement costs. |
| Non Economic Damages | These are compensation for non-monetary losses like pain, suffering, and emotional distress. |
| Punitive Damages | These are damages to punish and deter intentional or reckless behavior driven by malice. They are neither economic nor non-economic damages since they do not compensate for any loss. |
Protect your rights with the help of Thomas Grajek! Get in touch with a Florida wrongful death car accident attorney now and get a FREE consultation.
Pro Tip
Talking to an attorney should be your top priority before filing a claim. This is to ensure that you won’t get the short end of the stick.
Talk to a Florida Wrongful Death Car Accident Attorney Today
You must first prove its nature and your eligibility for compensation. It will be based on your relationship with the victim under Florida law. The state follows many special rules and factors to determine who is entitled to the claims. Sometimes it also takes time before you can receive it. These factors may include common-adopted children, divorce, and the like. In short, wrongful death car accident claims can be pretty complex. Hence, you should seek assistance from an experienced wrongful death attorney in Florida.
Contact GetGrajek today to get the legal help you need.
FAQs About Recovery for Wrongful Death Car Accidents in Florida
Are wrongful death damages taxable?
Generally, wrongful death claims are not taxable. But under specific circumstances, taxation may apply. E.g. the portion of economic, non-economic damages, and punitive damages.
How long do wrongful death claims take?
Wrongful death claims can take one to four years on average.
What are the most common causes of wrongful death?
The most common causes of wrongful death include accidents, medical malpractice, product liability, criminal activity, and negligence.