After a fatal car accident, you're no doubt taking the time you need to grieve the loss of your loved one. However, you may not be aware that you could be able to hold someone responsible for the untimely death in your family.
Under Florida law, certain relatives are allowed to file a civil claim known as wrongful death case in order to hold a negligent party responsible for costs associated with the death.
If successful, the claim could offer survivors closure for their suffering, and give the estate financial compensation for its losses.
Types of Damages Awarded in a Florida Wrongful Death Case
Depending on the type of case filed, damages in a wrongful death case can be awarded either to the survivors or to the deceased person’s estate. Survivors are eligible to receive damages incurred from the time of the crash until the time of the death, such as:
- Medical expenses. If the deceased received emergency medical treatment or ongoing hospital care after the crash, family members can be reimbursed for these losses. If the person died moments after the accident occurred, these damages may not be necessary.
- Funeral expenses. Any burial or memorial expenses paid by family members can be recovered in a wrongful death claim.
- Lost support and services. Survivors may be compensated for the loss of the deceased person’s support, such as loss of companionship, counsel, and protection.
- Mental and emotional losses. Florida allows special pain and suffering damages caused by the loss of a child.
On top of these damages, the deceased’s estate is entitled to recover financial losses that the next of kin has suffered due to untimely death. Instead of compensating the family for losses it has already incurred, the estate is paid for losses that the family will suffer in the future.
The person in charge of the deceased’s estate may file a claim for the following damages:
- Lost earnings. The estate will be worth considerably less if the family member didn't live until retirement, depriving the family of lost wages, bonuses, and benefits.
- Lost value. This is a loss of any accumulations the estate could have made, such as interest on accounts that would have incurred if the deceased person had lived.
- Financial losses. The estate can also be reimbursed for any medical or funeral expenses it paid.
If you lost someone close to you in a Florida crash, we can help you get the compensation you deserve while you take the time you need to grieve. Simply fill out the quick contact form on this page today to schedule your free case evaluation.
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