Filing a Wrongful Death Claim After a Fatal Truck Accident in Florida
Florida is among the states with the most deaths resulting from truck accidents. Every year, over 300 people are killed in large truck crashes. In Florida, after someone dies in a truck accident, surviving family members may have the legal right to seek compensation through a wrongful death claim. Understanding the nuances of how wrongful death claims work can help families protect their legal rights and pursue the justice they deserve after a fatal truck accident.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil claim that arises when a person dies as a direct result of another party’s negligence. In the context of truck accidents, a wrongful death claim arises when a third party dies due to the negligence of a truck driver, trucking company, maintenance service provider, or another party.
After someone dies due to the negligence of another party, surviving family members can seek compensation through a wrongful death claim. In Florida, truck accident wrongful death claims don’t just address the immediate consequences of the accident, but also the lasting toll it takes on families, both financially and emotionally.
Who Can File a Wrongful Death Claim in Florida?
According to Florida Statutes Section 768.20, the personal representative of the deceased’s estate is tasked with filing a wrongful death claim. This applies even in truck accident wrongful death cases. The representative acts on behalf of the surviving family members and the estate and recovers benefits for their benefit. Surviving family members who may qualify for compensation include;
- The surviving spouse
- The surviving children
- The deceased’s parents
- Dependent adoptive siblings or blood relatives
Common Causes of Fatal Truck Accidents in Florida
Fatal truck accidents in Florida occur for various reasons, most of which are associated with negligence. Common factors that result in fatal truck accidents in the state include;
- Driver fatigue
- Speeding
- Distracted driving
- Impaired driving
- Improper loading
- Poor vehicle maintenance
- Negligent hiring or training
Liability in Florida Wrongful Death Cases
Determining liability after a truck accident wrongful death case can be complex. Often, multiple parties may be held responsible after a truck accident. Potential liable parties in a Florida truck accident wrongful death claim include;
- The truck driver
- The trucking company
- Maintenance providers
- Vehicle or parts manufacturers
- Cargo loading companies
After a truck accident, a thorough investigation must be conducted to determine liability.
Damages Recoverable in a Florida Truck Accident Wrongful Death Claim
Under Florida law, surviving family members can recover various types of compensation in a truck accident wrongful death claim, including the following;
- Medical expenses related to the final injury
- Funeral and burial expenses
- Loss of the deceased’s expected earnings
- Loss of benefits
- Pain and suffering
- Loss of companionship, guidance, and protection
How Long Do You Have To File Your Claim?
After a fatal Florida truck accident, surviving family members generally have two years to pursue compensation. Filing a claim after this deadline has passed can result in the case being dismissed.
Contact a Tampa Wrongful Death Lawyer
If you’ve lost a loved one in a Florida truck accident because of the negligence of another party, contact our skilled Tampa wrongful death lawyers at Gunn Law Group for help seeking the compensation you deserve.
Source:
injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/data-details/#:~:text=Florida%20%E2%80%93%20341%20deaths
