Losing a loved one in a fatal car accident is extremely devastating. When that car accident is the result of another person’s careless behavior, the grief can turn into a sense of injustice. That’s why, in car accident cases where there is an at-fault party with bodily injury liability insurance, surviving family members may be able to recover damages for their loss. While no amount of compensation can bring the person back, a wrongful death claim pursued by a personal injury attorney may help relieve the financial and emotional burden that’s been left behind.

What does wrongful death mean in a car accident?

All drivers have a duty to operate their vehicles safely and in compliance with Florida traffic laws. When they’re careless, and someone is killed in a car accident due to this negligence, it can be considered wrongful death. This means that the accident could have been prevented if appropriate and responsible measures were taken while operating the vehicle.

What does negligence mean?

Negligence is not using proper or reasonable care, resulting in a serious injury or death. In most fatal car accident cases, we see negligent behaviors from the at-fault party such as:

  • Driving under the influence of alcohol/drugs
  • Following too closely or running red lights
  • Hit-and-run by leaving the scene of an accident
  • Speeding or aggressive driving
  • Texting while driving

These actions are likely to be considered negligence if they contribute to serious injuries or a fatality.

Do wrongful death cases go to criminal court?

When a wrongful death claim is made after an accident, it is intended to help the surviving family members recover compensation for their losses (not punish the defendant). These cases are brought to civil court versus criminal court.

Can I file a wrongful death claim?

The law allows certain individuals to apply for a wrongful death claim depending on their relation to the deceased. This may include children, spouses, or parents, all of whom may have depended on the loved one financially and emotionally. 

If the main breadwinner passed away in the accident, for example, a court may rule that compensation for surviving members needs to include past and future income, childcare, pain and suffering, funeral expenses, and so on.

When a claim is filed, everyone receiving compensation must be listed on the lawsuit, and their relationship to the deceased person must be stated clearly. A personal injury attorney can file this on behalf of the family.

What about the deceased’s estate?

The deceased’s estate may also recover damages according to Florida law. This would include losses that affected the deceased’s wealth and assets. In these cases, the estate would have a personal representative appointed through probate court to handle these claims.

Is there immediate coverage for burial and funeral costs?

Yes, there is usually immediate financial help available before a lawsuit is filed. While a lawsuit can take months or years to resolve, Personal Injury Protection (PIP) benefits pay out relatively quickly to help families manage end-of-life costs.

Specifically, Florida is a “No-Fault” state, meaning that every driver must carry PIP insurance to cover their own medical expenses and certain other costs after a car accident, regardless of who caused it. This covers:

  • 60% of lost income
  • 80% of medical expenses up to $10,000 on most policies 
  • $5,000 in death benefits if the insured dies as a result of the crash

If someone dies in a car accident, their PIP policy (or the PIP policy of a household member) may pay this amount to the deceased’s estate or directly to relatives who have incurred the funeral or burial costs.

PIP benefits are separate from a wrongful death lawsuit, and the expenses not covered by this benefit can be included as damages in the larger wrongful death claim against the at-fault driver.

Is there a statute of limitations for wrongful death claims?

Florida law allows families to sue for damages up to two years from the date of the death of the deceased.

What types of damages can be recovered in a fatal car accident?

Eligible survivors may recover financial support and services that the deceased would have usually provided, such as medical bill pay, health insurance benefits, and even home maintenance and household chores. If the main breadwinner passed away in the accident, for example, a court may rule that compensation for eligible surviving members needs to include past and future income, childcare, pain and suffering, funeral expenses, and so on.

Damages also adjust depending on who is being awarded. For instance, spouses are awarded damages like emotional pain and suffering, and loss of companionship and protection. Children under 25 will receive damages based on factors like the loss of a parent, the need for guidance, and care.

Courts will also use other factors to determine how much compensation survivors should receive. That includes:

  • The deceased’s earnings based on job, skills, education, and work history
  • The survivor’s level of dependence on the deceased
  • Life expectancy of both the deceased and the survivor
  • Emotional impact of the loss on each survivor
  • The replacement value of household services the deceased provided
  • For children, how long they would have remained minors

The court will adjust compensation to reflect what they are worth presently, versus when the accident happened.

How do I legally file a wrongful death claim?

Florida allows a wrongful death claim to be filed by the Personal Representative of the decedent’s estate. It is highly recommended to speak to a trusted personal injury attorney before making any legal decisions or speaking to the defendant’s insurance company. The process involves filing a formal complaint, settlement negotiations, and sometimes going to trial.

Wrongful Death Attorney in Ocala, Florida

If you or a loved one has experienced a serious injury or fatality due to a car accident, Hightower & Hightower has been serving the Ocala community for nearly fifty years, and today, we’re ready to serve you. Call our personal injury attorneys at 352-656-6959 for a free consultation.