Facing the aftermath of a car accident can feel overwhelming, especially when dealing with injuries. We get it, and that’s precisely why we’re here to lend a hand. At The Law Office of The Dash Cam Lawyer™, we’re more than just attorneys; we’re your allies in this challenging time. Whether you or a loved one has been affected, know you’re not alone. For over twenty years, we’ve been standing by the side of Florida’s accident victims, advocating for their rights and ensuring they’re compensated fairly.

We’re here to guide you through every step, ensuring you understand your options and the process ahead. Our goal? To secure the maximum compensation you deserve. Let’s start this journey together. Contact us at The Law Office of The Dash Cam Lawyer™ for a heartfelt conversation on how we can support you.

How Will a Florida Car Accident Attorney Help Me After a Crash?

Regarding car accidents in Florida, it’s crucial to understand the legal framework that governs these situations. Here are some key points to keep in mind:

• New Modified Comparative Fault Law: Florida operates under a modified comparative fault system, meaning that you may not be eligible to seek compensation if you’re more than 50% at fault for the accident. However, if you’re 50% or less at fault, you may still pursue a claim, although your compensation could be reduced proportionately to your degree of fault. There’s no case if you’re more than 50% at fault.

Now that you understand the legal landscape let’s explore how a Florida car accident attorney can assist you after a crash:

• Investigating the Accident: A skilled attorney will conduct a thorough investigation into the circumstances surrounding your accident. This may involve gathering evidence such as witness statements, police reports, and any available video footage, including dash cam recordings if applicable.
• Determining Liability: One of the most critical aspects of a car accident case is determining who is at fault. Your attorney will analyze the evidence to establish liability and hold the responsible party accountable for their actions.
• Dealing with Insurance Companies: Insurance companies often try to minimize payouts or deny claims altogether. Your attorney will handle all communication with the insurance companies on your behalf, ensuring that your rights are protected and that you receive fair compensation for your injuries and damages.
• Collaborating with Treating Medical Providers: Your treating medical providers can play a crucial role in helping to prove your injuries and losses. By working closely with your doctors and other medical experts, your attorney can gather medical records, diagnostic tests, and other evidence to support your claim. Your medical providers may also be called upon to testify about the extent of your injuries and the impact they have had on your life.
• Negotiating Settlements: Many car accident cases are resolved through negotiations with the insurance company or the at-fault party’s legal representation. Your attorney will negotiate on your behalf to reach a settlement that adequately compensates you for your losses.
• Maximizing Compensation: A personal injury lawyer in Florida will work tirelessly to maximize the compensation you receive for your injuries, medical expenses, lost wages, pain and suffering, and other damages. They will calculate the full extent of your losses and fight for a fair settlement or verdict that reflects the true value of your case.
• Litigation, if Necessary: If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court. They will advocate for you in the courtroom, presenting evidence and arguments to support your claim.

At The Dash Cam Lawyer®, we’re here to provide you with the support and guidance you need to navigate the legal process successfully. If you’ve been injured in a car accident, don’t wait to seek help. 

Florida Car Accident Statistics (Updated 2023)

With its warm weather and tourist attractions, Florida witnesses a high volume of traffic year-round. As a result, car accidents are unfortunately common occurrences. Let’s break down some key statistics to give you a clearer picture:

• Total Crashes: Between January and December 2023, Florida recorded a staggering 359,560 crashes.
• Fatalities: Tragically, there were 3,007 fatalities resulting from car accidents during this period.
• Injuries: Crashes led to over 229,644 injuries, highlighting the physical toll of accidents.
• Vulnerable Road Users: Pedestrians, cyclists, and motorcyclists are particularly vulnerable, with hundreds losing their lives in accidents.

Certain areas in Florida are hotspots for car accidents, primarily urban centers and major highways. Cities like Miami, Orlando, Tampa, and Jacksonville see a higher concentration of accidents due to dense populations and heavy traffic. Tourist-heavy regions also pose risks due to unfamiliarity with local driving laws.

What Are Florida’s Most Dangerous Intersections?

Traveling through Florida’s roads brings you face-to-face with some of the most scenic views and vibrant cities in the U.S. However, it also means going through some of the country’s most dangerous intersections. Here, we explore Florida’s ten most deadly intersections and offer advice for staying safe.

Florida’s Ten Most Deadly Intersections

• Fort Lauderdale – Dixie Highway and Commercial Boulevard: This intersection has become notorious in Broward County for its danger, with eight fatalities recorded in 2017 alone. The absence of a traffic light and the high traffic volume contribute to its peril.
• Tampa – Hillsborough Avenue and Fletcher Avenue: A staggering fifteen deaths since 2012 highlight the risks at this Hillsborough County intersection. The busy nature of the area, combined with a lack of sufficient traffic management solutions, increases the hazard for drivers.
• Fort Pierce – Highway A1A: With seven fatalities since 2016, this location underscores the ongoing safety challenges in Fort Pierce, emphasizing the need for vigilance.
• West Palm Beach – Military Trail and Okeechobee Blvd: is identified as one of the most dangerous due to its significant accident rate, which isattributed to heavy traffic flow and challenging navigation. The statistical analysis highlights this crossroad for frequent collisions and traffic incidents, prompting authorities to consider safety measures and infrastructure improvements to mitigate risks.
• South Dixie Highway: Known for its high traffic volume, this area poses a significant danger to drivers, evidenced by multiple severe accidents in recent years.
• Miami – Brickell Avenue and Southwest 2nd Street: As one of Miami-Dade County’s deadliest intersections, it saw five fatalities in 2016, with ongoing accidents since, highlighting the need for enhanced safety measures.
• Pensacola – Pensacola Boulevard and Fairfield Drive: The absence of traffic lights at this intersection has led to five deaths and thirty-one injuries, making it a critical area for driver caution.
• North Federal Highway: With eight fatalities in 2016 and no traffic regulating mechanisms, this intersection is a hotspot for dangerous collisions.
• Pembroke Pines – Flamingo Road and Stirling Road: Eleven deaths since 2012 and numerous injuries make this a notably hazardous intersection, requiring careful navigation by drivers.
• Miami – Alton Road and Dade Boulevard: Fifteen deaths in 2017, including two accidents just a day apart, highlight the extreme risks present at this busy Miami intersection.

Steering clear of these intersections may not prevent an accident, but it could reduce the likelihood of a collision.

How Much Does it Cost to Hire a Car Accident Lawyer in Florida?

You might wonder about the cost of hiring a car accident lawyer in Florida. At The Dash Cam Lawyer®, we’re here to help you understand what to expect financially when seeking legal assistance.

No Upfront Costs: The potential financial burden is one of the most significant concerns after an accident. Here’s the good news:

• Contingency Fee Basis: Unlike most other types of lawyers (criminal, family law to name a few) who charge a retainer to start work and then charge by the hour, we operate on a contingency fee basis, meaning our fees depend on the outcome of your case. Simply put, we only get paid if you do. This approach ensures that our interests are aligned with yours and that quality legal representation is accessible, regardless of your financial situation.

How Contingency Fees Work: Understanding the contingency fee structure is crucial:

• Percentage of the Settlement: The typical arrangement involves the lawyer receiving a predetermined percentage of the settlement or judgment amount. This percentage varies but generally ranges from 33% to 40%, depending on the case’s complexity and whether it goes to trial.
• Transparent Agreement: Before we take on your case, we’ll provide a clear and straightforward agreement outlining the fee structure so there are no surprises down the line.

Covering Additional Costs: While the contingency fee covers legal representation, other costs may arise during the process:

• Case Expenses: These can include filing fees, obtaining medical records, and expenses related to experienced witnesses. Our firm advances these costs, reimbursed from the settlement or judgment.
• No Hidden Fees: We believe in transparency. All potential costs will be discussed upfront, ensuring you’re fully informed.

The Value of Legal Representation: Investing in legal representation offers invaluable benefits:

• Maximizing Your Compensation: Our experience allows us to accurately assess the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to ensure you receive fair compensation.
• Going Through Legal Complexities: Florida’s legal system, especially its modified comparative fault rule and statute of limitations, can be challenging to go through without professional guidance.
• Negotiating with Insurance Companies: We have years of experience to handle tough negotiations with insurance companies, ensuring your rights are protected and preventing them from undervaluing your claim.

How Much Is My Car Accident Case Worth?

Determining the value of your car accident case involves thoroughly examining several key factors. It’s not just about the numbers on your medical bills; it’s about how the accident impacts your life, livelihood, and future.

• Medical Expenses: These are often the most immediate and quantifiable costs, encompassing emergency room visits to ongoing therapy and rehabilitation. But it’s not just about the current bills; it’s also crucial to consider future medical care you may need as a result of your injuries.
• Lost Wages: If your injuries have kept you from work, you can claim lost income as part of your case. This includes the wages you’ve already lost and any future earning potential affected by your injuries.
• Pain and Suffering: This is more subjective and covers the physical pain and emotional distress you’ve endured because of the accident. Although harder to quantify, it’s a significant component of your claim, reflecting the broader impact on your quality of life.
• Property Damage: The costs to repair or replace your vehicle and any other personal property damaged in the accident are also considered. This is usually among the more straightforward calculations in a personal injury case.

Each of these factors contributes to the overall value of your case, influenced by the specific details of your accident and injuries. In Florida, the modified comparative fault rule also plays a critical role. Your compensation can be reduced proportionately if you’re found partially at fault for the accident. This underscores the importance of thorough evidence collection and legal representation to present your side accurately.

Common Causes of Car Accidents in Florida

In Florida, car accidents are a frequent concern due to various factors. While accidents can occur for countless reasons, certain conditions and behaviors contribute to collisions more often than others. Recognizing these can help us stay alert and potentially prevent unfortunate incidents on the road. Here’s a closer look at each of these factors:

• Speeding: Exceeding the speed limit is a primary factor in many accidents. Speeding reduces a driver’s reaction time and increases the severity of accidents when they occur.
• Aggressive Driving: This includes behaviors such as tailgating, weaving through traffic, and ignoring traffic signals, which not only endanger the aggressive driver but all road users.
• Distracted Driving: Distractions can come from electronic devices, passengers, or even eating while driving. These distractions take the driver’s attention away from the road, significantly increasing the risk of an accident.
• Drunk Driving: Driving under the influence of alcohol or drugs severely impairs judgment, reaction times, and the ability to operate a vehicle safely.
• Making Dangerous or Illegal Turns: This includes failing to signal, ignoring stop signs or lights, and other illegal maneuvers that can surprise other drivers and lead to accidents.
• Following Too Closely: Tailgating leaves insufficient stopping distance if the vehicle in front stops suddenly, often leading to rear-end collisions.
• Unsafe Lane Changes: Changing lanes without proper signaling or checking blind spots can result in side-swipe accidents or force other drivers to swerve and lose control.
• Failing to Yield the Right of Way: This can occur at intersections, pedestrian crossings, and when merging onto highways, leading to collisions when drivers need to respect the rules of the road.
• Hazardous Road Conditions: Poor road conditions due to weather, lack of maintenance, or debris can cause accidents, especially if drivers need to adjust their speed and driving techniques accordingly.
• Road Construction: Construction zones often have altered traffic patterns and reduced speed limits. Accidents occur when drivers are inattentive or fail to follow the posted signs.
• Head-On Collisions: These are often the result of wrong-way driving or attempting to overtake without clear visibility. They are among the most dangerous and fatal types of accidents.
• Left-Hand Turns: These require clear judgment and timing; misjudging the speed and distance of oncoming vehicles can lead to collisions.
• U-Turns: Making U-turns where prohibited or without ensuring the road is clear can catch other drivers off guard, leading to accidents.
• Traffic and Weather Conditions: Heavy traffic increases the likelihood of collisions, while adverse weather conditions like rain, fog, or ice can reduce visibility and traction.
• Defective Vehicles or Safety Equipment: Malfunctions such as brake failure, tire blowouts, or defective airbags can lead to accidents. Regular maintenance and vehicle recalls should be heeded to prevent such issues.

The aftermath of a car accident can be daunting, but with The Dash Cam Lawyer® by your side, you’re not alone. Our experience and compassionate approach ensure you’re supported throughout the entire process. 

Who is Liable For My Injuries After a Car Accident in Florida?

Getting involved in a car accident can be a confusing and stressful experience. Here in Florida, understanding the nuances of who is liable for your injuries is crucial. At The Dash Cam Lawyer® in Florida, we’re here to guide you through these complexities and help you understand your rights and responsibilities under the current laws.

It’s critical to ensure that your car accident is thoroughly investigated. This detailed investigation can help you potentially recuperate compensation from anyone whose negligence, carelessness, or wrongful actions contributed to your injuries. In many cases, more than one party may be at fault. After a traffic accident, potentially responsible parties might include:

• Drivers of Other Passenger Vehicles: Other drivers can often be distracted, under the influence, or otherwise negligent.
• Motorcyclists: Motorcyclists can sometimes be overlooked or unseen due to their smaller size, but they can also contribute to accidents through risky maneuvers or speeding.
• Bicyclists: Like motorcyclists, bicyclists can be hard to see and might not always adhere to traffic rules, potentially leading to dangerous situations.
• Pedestrians: Pedestrians can unexpectedly enter the roadway, sometimes not at crosswalks, leading to accidents, especially in urban settings.
• Bus Drivers and/or Transit Companies: Buses and their operators have a higher duty of care due to their large number of passengers. Bus accidents can occur due to driver fatigue, inadequate training, or poor vehicle maintenance.
• Vehicle Manufacturers: Sometimes, the cause of an accident may be a defect in the vehicle itself, such as faulty brakes, airbags, or steering components. In such cases, the manufacturer of the vehicle may be liable.
• Employers of Negligent Drivers: If the driver causing the accident was working at the time, their employer might be held responsible under the legal doctrine known as “respondeat superior” which holds employers liable for the actions of their employees performed within the scope of their employment.
• Government Agencies: Road conditions, traffic signal malfunctions, or poor road design can contribute to accidents. Local government entities such as the state of Georgia, Fulton County, or the city of Atlanta could be responsible if negligence in road design, maintenance, or management played a role.

Understanding Liability and Your Rights in Florida

Regarding car accidents in Florida, liability is determined by the modified comparative fault system. This means that the degree to which you can be compensated depends on your fault level in the accident. If you are found to be 50% or less at fault, you may still be eligible for compensation, although your percentage of fault will reduce the amount.  If you’re found to be more than 50% at fault, your ability to recover damages may be barred.

Furthermore, Florida has a two-year statute of limitations for personal injury claims related to car accidents. This means you have two years from the date of the accident to file a lawsuit. Missing this deadline can significantly affect your ability to recover compensation.

Potential Compensations for Car Accident Victims

The damages from a car accident can be extensive, impacting various aspects of your life. You may be entitled to recover costs for:

• Medical Bills: Covers all health-related expenses from the accident.
• Lost Wages: Compensation for any lost earnings due to your inability to work.
• Pain and Suffering: Addresses the physical pain and emotional distress suffered.
• Property Damage: Reimbursement for vehicle repairs or replacement.
• Long-Term Impairment: If the accident leads to long-term disability or disfigurement.
• Impact on Relationships: Known as loss of consortium, this compensates for the effect on your relationships.

We’ll Fight to Recover Compensation For All Car Accident Injuries

The aftermath of a car accident in Florida can be an overwhelming experience, leading to a variety of financial, physical, and emotional challenges. However, understanding the potential damages you can recover is crucial in ensuring you’re adequately compensated for your losses. Here’s an expanded look at what you might be entitled to:

• Medical Expenses: This covers a broad spectrum of costs related to your medical care following an accident. It includes, but is not limited to:
  • Emergency room visits and ambulance fees
  • Hospital stays, surgeries, and medical procedures
  • Physical therapy and rehabilitation costs
  • Costs of prescription medications and medical devices
  • Follow-up visits and long-term care needs
• Lost Wages: Being involved in a car accident often means time off work, which can significantly impact your financial situation. Compensation can cover:
  • Wages lost during your recovery period
  • Loss of earning capacity if you’re unable to return to your previous employment due to your injuries
  • Compensation for missed promotions or opportunities due to the accident
• Pain and Suffering: Unlike economic damages, pain and suffering compensate for the non-physical impact of your injuries, which might include:
  • Physical pain and discomfort during the recovery process
  • Emotional distress, including anxiety, depression, and sleep disturbances
  • Loss of enjoyment in life or activities you were once able to do
• Property Damage: This category ensures you are compensated for any damage to your personal property as a result of the accident, such as:
  • Repair or replacement costs for your vehicle
  • Compensation for personal items damaged in the accident, like cell phones, laptops, or eyeglasses
  • Costs associated with rental cars or other transportation means while your vehicle is being repaired

Don’t hesitate to reach out if you’ve been involved in a car accident. Let us take the burden off your shoulders, fighting for the compensation you need and deserve so you can focus on your recovery.

What If I’m Partly Responsible For a Car Accident in Florida?

Going through the aftermath of a car accident where you’re partly at fault can seem daunting. Here in Florida, we understand that accidents happen in the blink of an eye, often leaving you with more questions than answers. As personal injury lawyers at The Dash Cam Lawyer®, we’re committed to clarifying the confusion and guiding you through seeking compensation, even when you share some of the responsibility for the accident.

Determining fault, including partial responsibility, in a car accident in Florida involves a combination of legal principles, evidence evaluation, and, sometimes, judicial processes. Here’s an outline of how fault can be determined:

1. Police Reports: The first step often involves law enforcement officers who respond to the accident scene. They collect statements, examine the positions and conditions of vehicles, look for skid marks, traffic signals, and any violations of traffic laws, and compile their findings in a police report, which can include a preliminary determination of fault.
2. Evidence Gathering: Evidence plays a crucial role in establishing fault in car accidents. This can include:

• Photographs and videos from the accident scene showing vehicle positions, road conditions, traffic signs, and obstructions are included.
• Witness statements provide third-party accounts of how the accident occurred.
• Surveillance footage from nearby cameras that may have captured the accident.
• Vehicle damage analysis to understand the impact points and severity.
• Cell phone records in cases where distracted driving is suspected.
• Expert testimonies from accident reconstruction specialists who can provide insights into the accident dynamics based on the evidence.

3. Insurance Companies’ Investigation: Insurance companies conduct investigations. They review the police report, inspect the vehicles involved, interview their policyholders and witnesses, and evaluate all available evidence. Insurance adjusters have experience determining fault based on the facts of the case and the applicable laws.
4. Florida’s Modified Comparative Fault Rule: Florida follows the modified comparative fault rule, allowing for the distribution of fault among parties involved in an accident. This rule is applied after all evidence is reviewed. If you are found to be partly responsible, your compensation can be reduced by your percentage of fault. For instance, if you are found to be 20% at fault and the total damages amount to $100,000, you could be eligible to recover up to $80,000.  However, if you are found to be more than 50% at fault, your right to recovery can be barred. 
5. Legal Proceedings: In some cases, when a fault is disputed or a fair settlement cannot be reached through insurance claims, the matter may proceed to court. Here, both parties can present their evidence, and a judge or jury will determine fault based on the given facts, applying Florida’s comparative fault standards.
6. Negotiations and Settlements: Often, fault and liability are subjects of negotiation between the involved parties’ insurance companies or attorneys. Through this process, the degree of responsibility might be agreed upon based on the strength of the available evidence and the applicable laws. Settlements are frequently reached based on these negotiations, avoiding the need for a court determination.

Florida’s Modified Comparative Fault Rule Explained

Florida’s approach to handling accidents where multiple parties share fault is known as the modified comparative fault system. This might sound complex, but it’s pretty straightforward when broken down:

• Shared Responsibility: If you’re found to be partially responsible for causing an accident, you can still recover compensation. However, the amount you can recover will be reduced by your percentage of fault. For example, if you’re deemed 30% at fault for an accident, your compensation will be reduced by 30%.
• 50% Threshold: If you are more than 50% at fault, the rules change, and recovering compensation becomes more challenging and even barred.

The Compensation Process

Even when you’re partly at fault, there are several steps you can take to ensure you’re moving in the right direction toward recovery:

• Immediate Actions: Following an accident, prioritize safety and health. Seek medical attention, even if your injuries seem minor, and report the accident to the police. These initial steps are crucial for your health and your claim.
• Document Everything: Keep a detailed record of the accident scene, your injuries, any damage to your vehicle, and expenses incurred due to the accident. Photographs, medical records, and a copy of the police report can be invaluable.
• Consult With a Personal Injury Lawyer: This is where we come in. At The Dash Cam Lawyer®, our expertise lies in navigating the complexities of Florida’s legal system. We can help you understand your rights, the potential compensation, and the best path forward. We’ll handle the negotiations with insurance companies and, if necessary, represent you in court to ensure you receive the compensation you deserve.
• Should You Notify Your Insurance?: Do NOT Inform your insurance company about the accident until you speak with an attorney. Florida’s no-fault insurance system means that your Personal Injury Protection (PIP) coverage will cover your medical bills and lost wages up to your policy limits, irrespective of who was at fault.

Can I Still Get Compensation If I Was in a Hit and Run Accident in Florida?

Accidents happen, but when you’re involved in a car accident in Florida, it’s not always clear-cut who is to blame. Sometimes, you might wonder, “What if I’m partly responsible for the accident?” It’s a complex issue, but at The Dash Cam Lawyer®, we’re here to help simplify these complicated matters. We aim to ensure you’re informed, confident, and ready to take the necessary steps towards recovery.

Understanding Hit and Run Accidents

A hit-and-run accident occurs when a driver involved in a vehicle collision leaves the scene without stopping to provide contact information, aid to injured parties, or both. The essential characteristic of a hit-and-run is fleeing the scene without fulfilling the legal and moral obligations to report the accident, exchanging information with the other party, and, if necessary, providing assistance or calling for emergency services.

Legally, drivers involved in an accident are typically required to stop their vehicle as soon as it is safe to check for injuries, and should report the accident to law enforcement, and exchange information such as names, addresses, vehicle registrations, and insurance details with other parties involved. When a driver fails to meet these obligations and leaves the scene, they commit a hit-and-run, a criminal offense in many jurisdictions, including Florida. The severity of the offense and the penalties involved can vary depending on the extent of damage or injury caused by the accident, with more severe consequences typically imposed if the hit and run resulted in serious injuries or fatalities.

How Do I Get Compensation In A Hit And Hit-And-Run Accident?

Getting compensation after a hit-and-run accident, mainly when the at-fault driver has fled the scene and remains unidentified, can be challenging but not impossible. Here are steps and avenues through which you can pursue compensation:

1. Report the Accident Immediately: As soon as safely possible, report the accident to the police. A police report is crucial for insurance claims and serves as an official incident record. The police will also begin an investigation to try and identify the at-fault driver.
2. Document Everything: Write down the make, model, and license plate of the car that fled, if you can.  Take photos of the scene, your injuries, and any damage to your vehicle. If there were witnesses, it is crucial to collect their contact information.  Don’t rely on the police to do it.  Did you have a dashcam? If so, make sure to save the video right away. Look around at local businesses, do any of them have surveillance cameras that may have been facing in the direction of the accident?  All these details can help build your case for compensation.
3. Seek Medical Attention: Get medical treatment for any injuries. Medical records are essential for substantiating your compensation claim. Even if injuries seem minor, some symptoms may appear or worsen days after the accident.
4. Legal Assistance: An experienced attorney can navigate the complexities of insurance claims and legal proceedings, ensuring you receive fair compensation. They can advise you on any possible legal actions if the at-fault driver is later identified.
5. Keep Records: Keep detailed records of all expenses related to the accident, including medical bills, repair costs, and any other related expenses. Also, document all communications with your insurance company and any other involved parties.

If You Are Unable to Locate the Hit and Run Driver, Do you have Uninsured Motorist Coverage?

If it is absolutely impossible to locate the hit and run driver, your only likely way to recover, or have an injury case, is by carrying Uninsured Motorist (“UM”) coverage on your own auto insurance policy.  Unfortunately, however, most motorists in Florida do not carry this coverage because it can be costly, or because insurance carriers and agents do not educate the insured on the importance of having UM coverage in times like this. 

The Importance of Timeliness

Timing is everything, especially when it comes to legal matters in Florida. The state imposes a two-year statute of limitations for car accident cases. You have two years from the accident date to file a lawsuit. Missing this deadline could mean losing your right to seek compensation, making it crucial to act promptly.

Can I Sue If Someone I Love Was Killed in a Fatal Car Accident?

Losing someone you love in a fatal car accident is an indescribably painful experience. Amid the grief, you may find yourself wrestling with the question: “Can I sue if someone I love was killed in a fatal car accident?” Here at The Dash Cam Lawyer®, based in the heart of Florida, we’re committed to guiding you through these difficult times with compassion and understanding.

Understanding Your Right to Sue in Florida

In Florida, the law allows certain family members or representatives of the deceased’s estate to file a wrongful death lawsuit if their loved one was killed due to someone else’s negligence or wrongful act. This legal action seeks compensation for the survivors’ loss, covering aspects like funeral expenses, loss of support and services, and emotional pain and suffering.

Who Can Sue?

The wrongful death statute specifies who can sue for wrongful death in the event of a fatal car accident. The lawsuit must be filed by the personal representative of the deceased’s estate, but it must be filed on behalf of the deceased’s survivors and the estate itself. The survivors who may be entitled to compensation include:

• Spouses: The surviving spouse of the deceased can seek compensation for loss of companionship, protection, mental pain, and suffering from the date of injury.
• Children: Minor children (under the age of 25) and all children, if there is no surviving spouse, can recover damages for lost parental companionship, instruction, guidance, and mental pain and suffering from the date of injury.
• Parents: The parents of a deceased minor child may recover damages for mental pain and suffering from the time of injury. Parents of an adult child may also recover damages for mental pain and suffering if there are no other survivors.
• Dependent Relatives: Any blood relatives or adoptive siblings who are partly or wholly dependent on the decedent for support or services may have a right to compensation under certain conditions.
• The Estate: Apart from individual survivors, the deceased’s estate can also recover certain types of damages, including:
  • The deceased’s earnings are lost from the date of injury to the date of death.
  • Loss of the prospective net accumulations of the estate, which might reasonably have been expected but for the wrongful death, if the decedent’s survivors include a surviving spouse or lineal descendants.
  • Medical or funeral expenses due to the decedent’s injury or death that the estate paid.

It’s essential for the personal representative to accurately reflect the interests of all potential beneficiaries in the wrongful death lawsuit. This requires a comprehensive understanding of the relationships between the decedent and the survivors, as well as the financial impact of the loss on each survivor.

Time Is of the Essence: The Statute of Limitations

In Florida, you have two years from the date of your loved one’s death to file a wrongful death lawsuit. Missing this critical deadline can result in the loss of your right to sue for wrongful death, making it crucial to act promptly.

Navigating the Legal Process

Pursuing a wrongful death claim involves several steps:

• Who Qualifies as a Claimant: Before anyone can pursue legal action, it must be determined that the person making the claim has a legal right to do so.  
• Filing the Lawsuit: This initiates the legal process and must be done within the two-year statute of limitations.
• Proving Negligence: You must demonstrate that the defendant’s negligence caused your loved one’s death. This involves establishing that the defendant owed a duty of care, breached that duty, and that the breach directly resulted in the death.
• Quantifying Damages: The lawsuit must also specify the financial and emotional losses suffered due to the death. This can include funeral and burial costs, loss of the deceased’s earnings and benefits, and compensation for the survivors’ pain and suffering.