Whenever a loved one suffers a fatal or catastrophic injury in a Florida car accident, you have several legal options, centered primarily on pursuing compensation. Legal options for your loved one depend on whether he or she passed away or suffered life-altering injuries that require ongoing care.
A wrongful death claim in the state of Florida can only be brought by the personal representative of the deceased person's estate and on behalf of the survivors. The representative is either named in the will or appointed by the court if there is no will.
Beneficiaries of compensation include the deceased's spouse, children, parents, and possibly other dependents or relatives who were financially dependent upon the deceased. Florida law may provide higher compensation for minor children.
As part of your claim, it must be established that the at-fault party breached its duty of care through negligence or wrongful conduct, and that this breach caused the fatal injury, in addition to damages to the survivors and estate, including financial support, funeral expenses, and loss of companionship.
A personal injury claim can be filed on behalf of your loved one if they survive but suffer catastrophic, permanent injuries, such as paralysis or head trauma. Compensation is sought for medical expenses, pain and suffering, lost wages, and long-term care costs in such situations.
Both wrongful death and catastrophic injury claims are subject to the modified comparative negligence rule in Florida. The injured person cannot recover damages if they are found to be more than 50% at fault. In the case of a partial fault of less than 50%, their compensation recovery will be reduced proportionally to the degree of fault.
Medical and funeral expenses, lost earnings and benefits, loss of companionship and guidance, and mental anguish are some of the types of compensation that can be awarded in wrongful death cases.
In catastrophic injury cases, damages may include past and future medical treatment, rehabilitation costs, home modifications to facilitate accessibility, loss of income, and pain and suffering. Punitive damages may also be available in instances where an at-fault party acted especially recklessly or egregiously.
In Florida, there is a statute of limitations of two years from the date of death to file for a wrongful death claim. The statute of limitations is strict, and missing it can prevent your family from receiving compensation. These cases are complex and require the guidance of an experienced attorney.
It requires specialized knowledge of Florida wrongful death and personal injury law to establish fault, navigate comparative negligence rules, calculate appropriate damages, and manage court procedures.
With many years of experience providing legal representation to families facing devastating situations, we are familiar with both the legal complexities and emotional challenges you may encounter. You can schedule a free consultation with The Law Offices of Sean M. Cleary to learn more about your legal options and the steps for seeking justice.