Wrongful Death Caused By a Car Accident
According to the U.S. Department of Transportation’s Fatality Analysis Reporting System, the state of Florida had 2,950 fatal car accidents in 2019, which resulted in 3,183 deaths. When a car accident causes fatalities, surviving family members are left with devastating emotional and financial damages. To hold liable parties accountable for the losses associated with a wrongful death caused by a car accident, loved ones should consider filing a civil lawsuit.
Wrongful death lawyers at Chanfrau & Chanfrau work with individuals in Daytona Beach, FL, Palm Coast, FL, and surrounding areas to prove negligence in a wrongful death case, so that appropriate damages can be awarded.
When Is a Car Accident Fatality Considered Wrongful Death?
The term “wrongful death” refers to deaths that are caused by the wrongful acts of another person or party.
Essentially, wrongful deaths are fatalities that would not have occurred if another person had not acted negligently or recklessly. In terms of car accident fatalities, most can be classified as wrongful death.
Examples of Wrongful Death in a Car Accident Case
A car accident fatality is considered a wrongful death if another driver’s reckless or negligent behavior caused the collision. Common examples of negligent and reckless driving practices that can lead to a wrongful death include:
- Distracted driving (i.e., texting, calling, or eating while driving)
- Excessive speeding
- Aggressive driving
- Running a red light or stop sign
- Driving under the influence of drugs or alcohol
- Driving without a valid driver’s license
Who Can File A Wrongful Death Claim?
Each state has its own laws that dictate who can file a wrongful death claim in the area. In Florida, a wrongful death lawsuit can be filed by a personal representative of the deceased, as named in estate planning documents or a will. If no personal representative has been assigned by the deceased, the court will do so. Even though the personal representative files the wrongful death claim, they do so on behalf of the deceased’s descendants.
When a wrongful death claim is filed, the representative must provide a list of all surviving family members who have an interest in the lawsuit. Typically, this includes family members who were financially and/or emotionally dependent on the deceased, such as:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Potential Wrongful Death Damages
Those of our Daytona Beach clients who are filing a wrongful death lawsuit have the right to pursue financial compensation for expenses related to the death, financial losses associated with the death, and pain and suffering caused by the death. Although the details of each case vary, compensation will often cover:
- Medical expenses
- Funeral and burial costs
- Loss of income
- Loss of benefits
- Pain and suffering
- Loss of consortium (loss of love and/or companionship)
Contact Our Legal Practice
If you have lost a loved one in a car accident, the wrongful death lawyers at Chanfrau & Chanfrau can assist you in holding liable parties accountable for resulting losses so you can focus on your grief and emotional recovery. To discuss your case with our legal team, contact our practice online, or call (386) 258-7313 at your earliest convenience.