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What if my loved one died in a pedestrian accident?

What if my loved one passed away in a pedestrian accident?

If your loved one passed away because of an accident, the claim is considered a wrongful death claim. Wrongful death claims are different than personal injury claims. A personal injury claim focuses on the injuries and damages to the person involved in the accident.

The damages available in a personal injury matter include medical expenses, wage loss, and pain and suffering.

Wrongful Death Statute

In Florida wrongful death claims are governed by a number of laws. The person who brings the claim is the personal representative of the estate. He or she brings the claim on behalf of the estate and the statutory survivors. The law tells us who are considered survivors and who are entitled to compensation.

Damages in a Wrongful Death Claim

Estate's Compensation

The estate's damages include the decedent's medical expenses, funeral expenses any other incidental expenses, and net accumulations.

Survivor's Compensation

A wrongful death claim focuses on the losses of those who are left behind. The types of compensation available to survivors include:

  • Loss of support and services 
  • Loss of love and affection 
  • For children, the loss of parental guidance, companionship, and instruction
  • Mental pain and suffering for the surviving spouse, minor children, adult children (when there is no surviving spouse), each parent of a deceased minor child, and
  • Parents of an adult child when there are no other statutory survivors  

Statute of Limitations in a Wrongful Death Action

Unlike general personal injury matters, like a car accident, that has a 4 year statute of limitations. Wrongful death actions must be brought within 2 years of the love one's death.

If you have any questions, give me a call.

What makes me Unique?

What distinguishes my firm from the many injury firms throughout the state is my background as a chiropractic physician treating injured patients for 17 years. This gives you the benefit of having someone fighting for you that understands the nature and extent of your injuries and your road to recovery.

We are Partners

If you are my client, we are partners in your road to recovery. You will always have direct access to me to have your questions answered.