If you have recently lost a loved one in a car accident in Florida, we know that you are facing one of the most difficult times of your life. There are many emotions you may be experiencing—grief, anger, confusion—and these emotions may seem overwhelming. At this time, it is important to understand that you do not have to navigate through this painful process alone. We are here to help. Our firm understands the complexities of wrongful death claims and can guide you through each step of the legal process.
Attorney - Partner Attorney - Of Counsel
Franklin Domenech, Esq.
William Alexander Corzo, Esq.
We know that you likely have many questions about how to move forward with a wrongful death claim after a fatal car accident in Florida. This page will address some of the most common questions that families ask during this difficult time. While no one can undo the pain caused by the loss of a loved one, pursuing a wrongful death claim may provide some form of justice and financial relief for the surviving family members.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person’s death is caused by the negligence or wrongdoing of another party. In the case of a fatal car accident, the person or entity responsible for causing the accident may be held accountable through a wrongful death lawsuit. This claim can help the surviving family members recover compensation for various losses, including funeral expenses, lost wages, pain and suffering, and emotional distress.
In Florida, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. The surviving family members, such as spouses, children, and parents, may also be entitled to compensation depending on their relationship to the deceased.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars” - Yari Yes Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful." - Llubikza Kairuz Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him." - Patrick Dollar
Who Can File a Wrongful Death Claim?
In Florida, not just anyone can file a wrongful death claim. Only certain people, typically close family members, have the right to pursue this type of claim. These individuals include the surviving spouse, children, parents, or the personal representative of the decedent’s estate. If you are unsure whether you are eligible to file a claim, we can provide you with guidance on your specific situation.
It’s important to note that the personal representative is the person designated to handle the estate of the deceased. This representative can be a family member, a close friend, or even a legal professional. The personal representative must act in the best interest of the decedent’s family when filing the claim.
What Are the Key Factors in a Wrongful Death Claim?
Several important factors must be proven in a wrongful death claim. The first is that the death was caused by another party’s negligence, recklessness, or intentional actions. In the context of a fatal car accident, this may involve proving that the driver responsible was speeding, distracted, impaired, or violated traffic laws.
Another crucial factor is showing that the surviving family members have suffered financial and emotional losses due to the death. For example, the family may face medical expenses, funeral costs, and the loss of the deceased person’s income. Additionally, the emotional suffering caused by the loss can also be considered in the claim.
Finally, the wrongful death claim must show that the surviving family members are entitled to receive compensation for these losses. This compensation can include both economic damages, like lost wages and medical bills, as well as non-economic damages, such as pain and suffering.
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What Compensation Can Be Recovered in a Wrongful Death Claim?
The compensation you may be entitled to in a wrongful death claim depends on the circumstances of the accident and the losses you have suffered. Generally, Florida law allows for compensation for both economic and non-economic damages.
Economic damages refer to tangible losses, such as funeral expenses, medical bills, and lost income that the deceased person would have earned had they not passed away. These damages are easier to calculate, as they involve concrete financial figures.
Non-economic damages, on the other hand, account for the more intangible losses caused by the death. These damages can include pain and suffering, loss of companionship, emotional distress, and loss of guidance. While these damages can be more difficult to quantify, they are just as important in providing justice for the surviving family members.
In some cases, punitive damages may also be awarded. These damages are meant to punish the responsible party for particularly reckless or malicious behavior, such as driving under the influence of alcohol or drugs.
What Is the Timeline for Filing a Wrongful Death Claim?
One of the most important aspects of filing a wrongful death claim is understanding the timeline for doing so. In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the death. This means that you must file the claim within this two-year period in order to seek compensation. If you fail to file within this time frame, you may lose your right to pursue a claim altogether.
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There are some exceptions to the statute of limitations, but they are rare. That’s why it is crucial to begin the legal process as soon as possible after a fatal accident. The sooner you contact an attorney, the sooner they can begin gathering evidence and building your case.
How Do You Prove Negligence in a Fatal Car Accident?
Proving negligence is often the most challenging part of a wrongful death claim. To establish negligence, it must be shown that the responsible party failed to meet their duty of care, causing the accident and ultimately leading to the death.
In the case of a fatal car accident, proving negligence may involve collecting evidence such as police reports, witness testimony, traffic camera footage, and expert analysis. For example, if the other driver was speeding or ran a red light, this can be crucial evidence in demonstrating their negligence.
Your attorney will work diligently to gather the necessary evidence to support your claim. With the right legal representation, you can have confidence that your case is being handled professionally and efficiently.
How Long Will It Take to Settle a Wrongful Death Claim?
The timeline for settling a wrongful death claim can vary greatly depending on the complexity of the case. Some claims may be resolved quickly through a settlement, while others may take longer if a trial is necessary. It’s important to note that every case is unique, and there is no guarantee of how long the process will take.
However, having an experienced attorney by your side can help speed up the process. Your attorney will handle all the legal details, negotiations, and paperwork, allowing you to focus on healing and coping with your loss. While a swift resolution is ideal, it’s essential to be patient and understand that these cases can take time.
How Can an Attorney Help You with Your Wrongful Death Claim?
An attorney specializing in wrongful death claims can offer valuable support during this challenging time. They will investigate the accident, gather evidence, handle communication with insurance companies, and represent you in court if necessary. By having an attorney on your side, you can increase your chances of obtaining a successful outcome.
At our firm, we understand that no amount of money can replace the loss of a loved one. However, we also know that a wrongful death claim can help provide financial stability for your family and bring justice to those responsible for the tragedy. Our team is committed to providing compassionate and skilled legal representation to help you navigate through the process.
If you have lost a loved one in a fatal Florida car accident and are considering filing a wrongful death claim, we are here to help. Our firm is dedicated to assisting families in obtaining the compensation they deserve. We offer a free consultation to discuss your case and determine the best course of action. Let us help you during this difficult time.
Please contact us today to speak with a knowledgeable attorney who can guide you through this process. Your family deserves justice, and we are here to help you achieve that goal.