Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Death from Car Wreck in Florida: What Should I Do
Car crashes can derail your life. We've helped thousands of people recover—physically, financially, and emotionally—after an accident.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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John Morgan’s brother Tim was injured as a teen. Their experience with a lawyer was a nightmare. John spent 35 years building a firm to do better for families like his. And yours.
The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Results may vary depending on your particular facts and legal circumstances.
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Learn More
Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What Is the Statute of Limitations?
In Florida, wrongful death claims must be filed within two years from the date of the death. If you’re also filing a suit for property damages and other injuries that you personally sustained, the statute of limitations for those claims is two years from the date of the accident. There are a few exceptions, including the following:
- If you are injured but don’t realize the injury until a later date, it’s possible that the statute of limitations would be extended, based on what is referred to as the “discovery rule.”
- If you or someone else was injured in the crash, but the injured party is unable to file a lawsuit due to catastrophic injuries they suffered, the deadline to file the claim could be extended for up to seven years in some cases.
There may be other circumstances in which the statute of limitations could be extended or shortened, so it’s important to contact an experienced attorney right away. You want to ensure that you don’t miss out on receiving the compensation you’re legally entitled to as a result of missing a deadline. You don’t want to get the important filing dates confused.
Who Can File a Wrongful Death Claim in Florida?
In Florida, surviving family members are permitted to file a wrongful death claim, including parents, spouses, and children. Additionally, blood relatives or adoptive siblings who in any way depended on the decedent for support can also file a wrongful death claim.
What Kind of Damages Can I Be Awarded?
In Florida, there are different types of damages that can be awarded in a wrongful death lawsuit. The most common types of damages paid out in a wrongful death claim in Florida include the following:
- Mental pain and suffering
- Loss of companionship
- Medical expenses
- Funeral/burial expenses
- Loss of support that the decedent provided to the family
- Lost wages, benefits, and other earnings
- The value of future earnings and other benefits that the decedent would have likely earned throughout their lifetime
- Medical and funeral expenses that were paid directly by the estate
What Are the Elements in Wrongful Death?
In order to be successful in a wrongful death claim, you have to prove the following:
- The defendant caused the death of the decedent, either in whole or in part;
- The death occurred as a direct result of the defendant’s negligent conduct;
- The death has affected you or other loved ones/surviving family members who are eligible to file a wrongful death claim; and
- The death resulted in monetary damages.
Morgan & Morgan Is Here for You
If you’ve lost a loved one in a car accident, we know how devastating that can be. At Morgan & Morgan, we want to do everything in our power to make this situation as easy as possible for you. While filing a lawsuit is probably not the first thing on your mind, it’s essential to think about all of the pain and suffering the person responsible has caused you. Additionally, there are very real expenses—medical expenses, lost earnings, and much more—that you will have to make up for and are entitled to. At Morgan & Morgan, we will make sure you get everything you deserve. We have recovered more than $25 billion dollars for our clients. Contact us today for a free case evaluation.