Can I File a Lawsuit for a Family Member Who Died in an Accident?

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An unfortunate incident has happened, and even though it was unexpected and unintentional, it has resulted in the death of someone that was very important in your life. This loved one died tragically and unexpectedly and, while the grief is consuming you, you cannot help but wonder if there is anything you can do. Is it unreasonable to think that you may file a lawsuit in their name? Should you be thinking along those lines or just concentrating on preserving their memory?

Do you have the right to file a lawsuit for someone that has died in an accident?

There's no need to explain that the person that died in an accident is unable to file a claim against whoever was negligent and caused this fatality to occur. The question then is whether or not the negligent party incurs liability in the case of wrongful death as opposed to a non-deadly accident. Any scenario where a person caused a wrongful death and escaping liability doesn't seem fair. 

Who can file a lawsuit for someone that has died in an accident?

The law indicates that only certain individuals can file a suit after a loved one has died in an accident. The first option falls upon the dead person's representative as stated in their will. However, if the person died without a will (intestate) the court can appoint a representative in the jurisdiction where this person used to live. The family members that are entitled to recover are this person's spouse and children, parents or any other relative. Even an adoptive sibling can file. However, ultimately, only those who are determined as being partly or completely dependent on this person for support or services are eligible to recover.

Is there a time limit for these lawsuits to be filed?

In Florida, the statute of limitations dictates the time limits for these lawsuits. In this case, it is four years. After this length of time has passed there is no longer the possibility of a lawsuit for this death. Only special circumstances permit a postponement of this date.

How much can be recovered in these cases?

According to Florida law, the estate and the surviving family members of whoever lost their life can recover damages. The surviving family members can receive:

• Damages for the value of the support the person that died provided for them

• Loss of companionship

• Loss of guidance provided to the family member

• Mental and emotional pain and suffering

• Medical expenses for the person that died

• Funeral expenses

The estate can receive:

• Damages for lost wages

• Potential of future earnings

• Medical and funeral expenses if they were paid for by the estate

• A reasonable value that the estate could have been expected to acquire if the person had not died

Can punitive damages be awarded in these cases?

If the death was caused due to reckless and malicious behavior, the family members of the person that lost their life may be awarded punitive damages. However, there is a limit to the amount that can be recovered.

If you need to consult with an attorney regarding the death of a loved one, abercrombiepa.com can guide you through the process and listen to your case in an initial free consultation.