Although today's motor vehicles are built with a bevy of standard safety features, it is a sad fact that Florida residents die every year in collisions on roads and highways. Many of these accidents are caused by the poor driving choices of other motorists and the negligence that individuals practice when they allow distractions to take their attention off of their driving responsibilities. A death from a motor vehicle accident can be compensable, though, and may require a wrongful death lawsuit.
A wrongful death claim is usually based upon a death caused by another party's negligence or recklessness. Since the victim of a fatal accident cannot serve as a party to a civil lawsuit, it is the personal representative of their estate that may sue for the recovery of damages. That personal representative may seek compensation for the surviving family members of the victim, such as their kids, spouse, parents, and other possible dependents.
Damages in a wrongful death claim can include actual damages and other forms of damages. Depending upon the type and duration of medical care that the victim received prior to passing away the estate may seek compensation for the victim's hospitalization and other medical costs. The estate may also pursue the recovery of the victim's funeral expenses and other end of life costs.
Losing a loved one is emotional and can change survivors' lives. Loss of companionship, loss of consortium, and other damages may be applicable in certain wrongful death claims. A dedicated attorney who understands Florida's wrongful death laws can help understand their possible claims and how to seek damages for their unimaginable loss.