What Compensation Can You Seek for a Fatal Accident?

Losing a family member is a devastating and life-altering event. When that loss is caused by a sudden, preventable accident due to someone else’s negligence, the grief is often mixed with a profound sense of injustice. In the midst of this overwhelming sorrow, your family is also left to face unexpected financial burdens, from final medical bills to the loss of your loved one’s income. It is a situation no one should have to endure.

During this tough time, you may be wondering what compensation is available after a fatal accident. While no amount of money can ever replace the person you have lost, the law in Florida provides a way for families to seek financial stability and hold the responsible party accountable. Understanding your rights is the first step toward securing your family’s future.

Understanding Florida’s Wrongful Death Act

In Florida, a fatal accident claim is governed by the state’s Wrongful Death Act. This law allows the family members of a deceased person to file a lawsuit when the death was caused by the “wrongful act, negligence, default, or breach of contract” of another. In simple terms, if your loved one could have filed a personal injury lawsuit had they survived their injuries, then you can file a wrongful death claim on their behalf.

The lawsuit must be filed by the personal representative of the deceased person’s estate. This individual, who may be named in the will or appointed by the court, acts on behalf of the estate and all the surviving family members who have suffered losses. Skilled wrongful death attorneys in Florida can provide more insight into the process for a successful outcome.

Compensation for Surviving Family Members

The law recognizes that the impact of a fatal accident extends far beyond the lost person. The emotional and financial toll on the surviving family is immense. Florida law allows specific family members, known as “survivors,” to seek compensation for their losses. Survivors typically include the spouse, children, and parents of the deceased.

The damages that survivors can seek include:

• Loss of Companionship and Protection: This is for losing the deceased’s loving relationship, comfort, and guidance.
• Mental Pain and Suffering: This compensates the survivor for their profound grief, sorrow, and emotional trauma. This also includes the loss of parental companionship and instruction for minor children.
• Lost Support and Services: This is the value of the income, benefits, and services the deceased would have provided to the survivor. This includes everything from lost wages to the value of household chores they would have performed.
• Medical and Funeral Expenses: If a survivor has paid for these costs directly, they can seek reimbursement.

Compensation for the Deceased Person’s Estate

The law allows the estate of the deceased to recover its own financial losses in addition to the personal losses of the survivors. This compensation covers the economic damages that the estate itself has suffered due to the death.

The damages that the estate can seek include:

• Lost Earnings: The value of the gross income, wages, and benefits the deceased would have earned from the date of their injury until the date of their death, minus any lost support claimed by the survivors.
• Lost Net Accumulations: This is the value of what the deceased person would have likely saved and left as part of their estate had they lived a full life. This is calculated by taking the person’s probable future earnings and subtracting their probable personal expenses and the support they would have provided to their family.
• Medical and Funeral Expenses: If the estate, rather than a survivor, paid for these costs, the estate can seek reimbursement.

Calculating these damages is complex. Knowledgeable personal injury lawyers in Apollo Beach can often work with financial experts to accurately project these future losses to ensure the family seeks the full compensation they are entitled to. Dedicated attorneys can fight aggressively for a favorable outcome while the survivors mourn the loss of their loved one.

We Are a Caring and Passionate Legal Team

At SouthShore Injury Attorneys, we understand that this is more than a legal case for you; it is a deeply personal and painful journey. We approach every wrongful death case with the compassion, care, and respect your family deserves. Our role is to be your supportive partners and legal experts, guiding you through this challenging process with clarity and strength.

We are passionate about fighting for families in our Apollo Beach community. Our team is committed to taking on the legal burdens of investigating the accident, calculating your family’s full range of losses, and aggressively negotiating with insurance companies. Being a generous and dedicated advocate is the best way to help families seek justice and find a path forward. The experienced, knowledgeable, and dedicated personal injury lawyers in Apollo Beach at our firm are here to stand by your side.

Call Us for a FREE Consultation

Losing a loved one through a wrongful death is devastating, and you do not have to face this challenging time alone. If your family has suffered the devastating loss of a loved one in a fatal accident, please get in touch with us. Call SouthShore Injury Attorneys today at [813-797-5998] for a FREE, confidential consultation. Let our caring and knowledgeable team help you understand your rights and options as you fight for the compensation your family deserves.