Wrongful Death in Miami
Fatal Car Accidents in Florida
In 2017, there was a total of 388,032 car accidents in Florida with a fatality percentage of 14.9%. This means that 3,184 people died last year in unnecessary collisions. These devastating statistics speak for themselves, and anyone who has lost someone to wrongful death understands how life-changing an accident can be.
Depending on your situation, you may be able to file a wrongful death lawsuit to recover compensation and justice on behalf of your deceased loved one. Call 1-800 INJURED to get connected with an experienced personal injury attorney today.
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Wrongful Death Lawsuit
A wrongful death lawsuit following a car accident is a civil claim against the driver responsible for the crash. The purpose of the lawsuit is to hold the the at-fault driver accountable for their negligence that caused the death of an innocent party. According to Florida statute, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit, which could be a person named in the will or appointed by a court. The representative may file the lawsuit on behalf of the deceased’s estate or survivors.
The statute of limitations for wrongful death lawsuits is two years from the date of departure. Failure to meet this deadline may waive your chance at your day in court.
Compensation Available in Wrongful Death Lawsuits
The compensation available in wrongful death lawsuits includes payment for economic and intangible damages. Economic damages would cover any out-of-pocket expenses related to the accident including any medical bills incurred before and after the date of death, loss of future income, and funeral expenses. Meanwhile, intangible damages would compensate for any pain and trauma the victim felt before their departure, and the survivor’s loss of companionship, mental pain, and anguish from the time of the accident.
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Proving Your Wrongful Death Claim
In order to bring a valid wrongful death claim, you must show that another person’s actions caused the premature death of your loved one. All drivers have a responsibility to practice reasonable care when operating a vehicle. When they breach that responsibility and get into an accident, any innocent parties that were injured are entitled to compensation. Therefore, when filing a wrongful death suit, you have to show that the driver or entity who caused the accident was negligent. For instance, if the crash occurred due to an intoxicated driver, you can use the evidence of the collision to prove that they broke the law by driving while intoxicated and they are at fault for the death that occurred.
Florida’s Comparative Negligence Standard
It should be noted, that Florida operates under the pure comparative negligence standard, which means that the compensation you receive in any injury lawsuit can be reduced by your percentage of fault in an accident.
Hiring an attorney can help you prove negligence and get the maximum compensation for your case. A knowledgeable personal injury lawyer will be able to review the evidence of the accident to build a strong case and get justice on behalf of your deceased loved one.
Call 1-800 INJURED Today
If you have lost someone in a car accident due to the negligence of another driver, call 1-800 INJURED today to get connected with an experienced car accident attorney from our network.
We are a medical and attorney referral service that works with a network of lawyers dedicated to getting clients the justice and compensation they deserve. You already have so much on your plate. Let the attorneys from our network handle the legal work so that you can grieve in peace. Call us today toll-free at 1-800 INJURED to get started on your case.