Getting into a car accident is stressful enough when it’s a run-of-the-mill fender bender. Yet, if a person was severely injured or if it resulted in someone’s death, both the experience and the repercussions are downright agonizing.
In efforts to provide you with as much information as possible during unfortunate circumstances, below is an overview of what happens when someone gets sued for wrongful death after a car accident.
Wrongful Death Lawsuits in Florida
Wrongful death would be the result of a negligence action. Each survivor of the decedent (the person who passed away) may recover the value of the lost support and services from the date of the accident, with interest, as well as future loss of support and services.
To calculate such an amount, Courts will look at the decedent’s income, as well as their life expectancy prior to the accident. In addition, the surviving spouse may also recover for the loss of companionship, as well as pain and suffering.
If the decedent had minor children, they’ll be able to recover the loss of parental companionship, instruction, and guidance, as well as for their pain and suffering. If the deceased had adult children and there’s no surviving spouse, the adult children may also file a claim for the loss of their parent.
Parents of the deceased person may also recover for pain and suffering.
In addition, a person sued for wrongful death may also have to pay for medical and funeral expenses.
Is a Wrongful Death Lawsuit the Same as Criminal Charges?
No. When a person faces criminal liability, the State Attorney’s Office moves forward by charging the defendant (such as for driving under the influence, reckless driving, or manslaughter). If the person is convicted, they’ll face imprisonment, fines, or both, depending on the circumstances of the case and whether this has been their first incident or if they are repeat offenders.
If survivors of a deceased car accident victim want to recover for their pain, suffering, and financial support, they would have to file a separate, civil lawsuit for the wrongful death.
Call Clark Hartpence Law if you’ve been in a car accident in Tampa Bay
If you were involved in a car accident that resulted in someone’s death, call us at (855) 680-4911 or schedule a free consultation. At Clark Hartpence Law, we have experienced attorneys who regularly represent clients involved in motor vehicle accidents, and we can help you determine the best course of action.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.