One of the most devasting things that happen in any family is the unexpected loss of a loved one. There is nothing as painful as losing someone you love without any warning, without the time to deal with the fact that death is imminent, and without any prior notice. You don’t expect it, so you’re unprepared. That’s what wrongful death is all about. It’s about losing someone who shouldn’t have been taken from you so soon. It’s about someone else’s negligence taking the life of someone you love and leaving you shocked and unable to understand what happened.
Wrongful death has other staggering side effects, too. Not only are you suddenly left without someone you love, you might be left without the second income that provides for your family. You might be left without any income at all if that person was the sole provider. You might incur debt planning and paying for a funeral or paying for medical bills that were incurred prior to the death of your loved one as a result of an incident that left him or her injured. Wrongful death is painful in many ways, and the pain can last a lifetime.
Can I File A Wrongful Death Lawsuit in Florida Following a Motor Vehicle Accident?
Yes. If the person who caused the accident was negligent in some way, you can file a wrongful death suit. You have legal rights, and it’s time you learn how to enact those rights and take charge of your future. If you want to file a wrongful death lawsuit after the death of a loved one in an automobile accident in Florida, you must first know what it means.
You have to prove the driver of the vehicle was negligent and caused the accident. You must prove the driver was in default and breached the contract of duty to care he or she owes everyone on the road while driving. For example, you can file a wrongful death lawsuit against the other driver if he or she was drinking and driving and caused the accident.
You cannot file a wrongful death lawsuit if your loved one is the one who caused the accident. Additionally, the other driver might not be at-fault in the accident if it was caused by vehicle manufacture error or by a roadway condition that was not disclosed. In this case, there is going to be another party involved in the investigation of the accident, and you’ll sue that person or company.
Wrongful Death Damages
When someone dies and it’s the fault of another person, the lifelong effects it has on you are devastating. Many of those effects are financial, too. If you fear there are some financial ramifications in your future, you might decide you want to go through with your lawsuit to help you pay those off.
– Medical bills incurred because of the accident
– Funeral expenses
– Loss of income
– Loss of consortium
– Loss of companionship
– Pain and suffering
There is no limit to what you can ask for when you file a lawsuit for wrongful death in Florida. You need only know that you should ask your attorney what you should do next, how to proceed, and what this might entail. You should also know these lawsuits might last a long time. There is nothing that states you cannot go on with a lawsuit of this nature for years going back and forth with evidence and claims.
Who Can File a Wrongful Death Suit?
Not just anyone can file a lawsuit for wrongful death in Florida. You must be the spouse, child, or parent of the deceased. You can be the blood relative or adoptive sibling if the deceased was financially responsible for your care. For example, if you are a grandparent without any income of your own living with your grandchild who provided a home, meals, and transportation for you, you are reliant on that person for your own living and may file a lawsuit.
Call an attorney. You want to find the help you need in a situation like this, and the law is very strict. If you have an attorney on your side, you’ll find that the law is easier to navigate and you can focus on helping your family get through this tragic and difficult time. Your attorney can gather evidence, file paperwork, and guide you. Let them take the stress off of you during this time.
Call Fenster & Cohen today (954) 473-1500