South Florida Personal Injury Lawyers Blog
Losing a loved one is often one of the most painful and traumatic events in an individual’s life. When your loved ones are taken from you suddenly and without warning, however, it can often be even more heart-wrenching. When the loss of a loved one was fully preventable and was the result of another party’s negligence or recklessness, those who are responsible must be held accountable. In these tragic situations, grieving family members can pursue a Florida wrongful death lawsuit against the at-fault party for compensation.
According to a recent news report, a head-on collision killed two people and left two others injured. Florida Highway Patrol reported that two cars were traveling in opposite directions when a third car got between the other drivers. A Toyota, which was traveling east while a Honda was traveling west were interrupted by a Camaro when it tried to pass the Honda by entering the eastbound lane. To avoid the oncoming Camaro, the Toyota swerved right and landed in the grass shoulder before getting back into the eastbound lane, but it overcorrected and traveled into the westbound lane, where it crashed into the Honda. The driver of the Toyota was pronounced dead at the scene and her passenger was transported to the hospital with significant injuries. The driver of the Honda also suffered significant injuries and was in critical condition following the accident, and her passenger died at the scene.
In Florida, wrongful death claims are governed by the state’s “Right to Action” statute, which states that “when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” the estate, family members, or personal representative of the deceased individual can file a civil suit in court.
Florida law states that only a limited number of individuals related to the deceased are eligible to file a wrongful death claim. Spouses, children, parents, blood relatives, and adoptive siblings are all able to file a wrongful death lawsuit on behalf of the deceased. In addition, when the deceased individual does not have a spouse, adult children of the individual are also able to file a wrongful death claim. Similarly, if the deceased is a minor, the parents of the minor are eligible to file a wrongful death suit.
Following a major accident that results in the loss of a loved one, filing a lawsuit may be the furthest thing from your mind. Compensation from a wrongful death claim, however, can play a significant role in helping to aid the healing process, and can also take care of expenses that arise because of losing a loved one. In Florida, there are several types of damages that are available for plaintiffs to claim if their case is successful. These damages include funeral and burial expenses, medical bills and related costs, lost wages, pain and suffering, and the value lost from no longer having the support and services of the deceased.
Do You Need a Florida Wrongful Death Attorney?
If you or someone you know has recently lost a loved one in a fatal Florida accident, contact the attorneys at Friedman Rodman Frank & Estrada for assistance today. Our lawyers have a proven track record of fighting for the injured and will help you effectively pursue the compensation you and your family deserve. Contact us today for a free initial consultation at 877-448-8585.