The death of a family member or close friend in an automobile accident is devastating! The sting of the loss seems worse when their death was the result of a wrongful act or negligence, such as, by a person driving under the influence or a car manufacturer defect. Not only are surviving relatives left to deal with mental pain and suffering from the loss, but the financial burden that comes with an untimely death (loss of income, medical and funeral expenses, etc.) can be overwhelming. However, Florida Statute offers hope for grieving families with the “Florida Wrongful Death Act” (sections 768.16-768.26).
The “Florida Wrongful Death Act” allows a personal representative to file a civil wrongful death lawsuit to recover damages for dependent family members “when the death if a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person … and the event would have entitles the person injured to maintain an action and recover damages if death had not ensued”. The personal representative of the decedent (deceased person) is a person named in the decedent’s will or estate plan. In the case of no will or estate plan, the court will appoint a personal representative, who will file the lawsuit on behalf of surviving family members. The surviving family members that are able to recover damages in a wrongful death case are spouses, children, parents, and any blood relative or adoptive sibling who were dependent on the decedent’s support or services.
There is an exception to children born out of wedlock; In this case, children can recover damages in cases where their mother is wrongfully deceased, but not when their father in wrongfully deceased, unless he had assumed responsibility for the child’s support. The statute of limitation (or time-frame) allowed to file a wrongful death lawsuit is two years. The damages family members may recover are “the value of lost support and services from the date of decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death” and mental pain and suffering. Examples of the types of loss family members may recover are medical expenses, funeral expenses, loss of earning expenses, mental pain and suffering, etc.
Recent Wrongful Death Car Accidents in Tampa
The “Florida Wrongful Death Act” can offer some reprieve for those like Brooke and Jordan Scherer who lost their 9-year-old son, Logan on I-75 when a driver who was looking at his phone struck their vehicle or accidents like the recent one on Bayshore Boulevard which killed a mother and daughter because the driver hit them while engaged in a street race. If you have lost a loved one in what you believe to be a wrongful or negligent act, do not hesitate to call the experienced and caring team of lawyers at Franco Law at 813-873-0180. Our team of lawyers can help you to recover the financial losses you deserve.
Franco Law Group
Franco Law Group has been representing those injured in automobile and motorcycle accidents for over 20 years. Our firm understands that each case deserves the highest-quality legal representation. We give clients the individualized attention that they deserve. Call Franco Law Group now for a free consultation at (813) 873-0180.