Losing a loved one in a car accident is heartbreaking. If this tragedy has happened to you, you may be wondering if you can take legal action. The short answer is: Yes, you can sue for wrongful death. However, the process is complex, and Florida law has specific requirements that can be challenging to navigate on your own. Let’s break down what this means and how you can get the support you need.
Why Choose Elstein Law for Your Wrongful Death Claim?
Navigating a wrongful death claim is difficult, both emotionally and legally. At Elstein Law, we understand the unique challenges of these cases and how the law in Florida applies. Our mission is to be your compassionate guide during this process—while you focus on healing, we focus on fighting for justice.
With experience across South Florida, including Miami, Miami Beach, Hialeah, Fort Lauderdale, Pompano Beach, West Palm Beach, Boca Raton, and Delray Beach, our team knows the specifics of car accident wrongful death cases. We will make sure you understand your rights and options, offering expert guidance every step of the way.
What Qualifies as Wrongful Death in a Car Accident?
In Florida, a wrongful death occurs when someone’s life is lost due to someone else’s negligent or reckless actions.
If a loved one was killed in a car accident because of reckless driving, such as:
- Driving under the influence (DUI)
- Speeding excessively
- Running a red light
You may have grounds for a wrongful death lawsuit. Essentially, you need to show that another driver’s dangerous behavior directly caused your loved one’s death.
This means proving negligence. Negligence is a legal term that refers to someone failing to act responsibly or breaking traffic laws, like not stopping at a red light or driving under the influence. Demonstrating this negligence is the foundation of building a wrongful death case.
Who Can File a Wrongful Death Claim in Florida?
Florida law determines who has the right to file a wrongful death claim. Generally, the following individuals are eligible:
- Surviving spouse
- Children
- Parents
- A representative of the deceased’s estate
If you have lost a close family member, you may be eligible to seek compensation, which may include:
- Funeral costs
- Lost income the deceased would have earned
- Emotional suffering and loss of companionship
These details can be overwhelming, especially while grieving. Knowing if you’re eligible is the first step. Our team can help clarify the requirements and ensure you meet all the criteria.
Statute of Limitations: How Long Do You Have to File?
In Florida, you typically have two years from the date of your loved one’s death to file a wrongful death lawsuit, though certain exceptions may apply in rare cases. Missing this deadline means you lose your right to take legal action, no matter how strong your case might be.
This is why acting quickly is crucial. There can also be local nuances, such as court-specific rules in different South Florida jurisdictions, or variations based on your circumstances. If you’re unsure about timing, it’s best to seek legal advice sooner rather than later.
What Compensation Is Available for Wrongful Death in Car Accidents?
The compensation you can seek in a wrongful death lawsuit is intended to help you recover both financially and emotionally. This can include:
- Medical expenses leading up to the death
- Funeral and burial costs
- Lost income and future earnings
- Non-economic damages, such as pain and suffering, and loss of companionship
Understanding these categories helps you see what support you may be entitled to. At Elstein Law, we focus on securing the compensation you need to help you move forward.
Getting Legal Support: Why It Matters
Pursuing a wrongful death claim is about more than money—it’s about accountability and achieving closure. It’s about making sure the at-fault party is held responsible for their actions.
At Elstein Law, we have helped many families through this difficult process, offering compassionate support and strong representation. Let us guide you in understanding your rights and your options.
If you’re considering a wrongful death claim after a car accident, don’t face the challenges alone. Contact Elstein Law for a free consultation. Let’s discuss your case, and help you find some justice and peace during this challenging time. Schedule your consultation today for support anywhere in South Florida, including Miami, Miami Beach, Hialeah, Fort Lauderdale, Pompano Beach, West Palm Beach, Boca Raton, and Delray Beach.
Meet Brian L. Elstein, Florida Personal Injury Lawyer
Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.
Call now for a FREE consultation!
(305) 299-2835
