Compensation after a Fatal Pedestrian Accident in Florida
If a loved one has been killed in a fatal pedestrian accident in Florida, you may be eligible to seek damages through a Florida wrongful death claim. This cannot compensate for your devastating loss, but may help you to avoid financial difficulty. To make a wrongful death claim after a fatal pedestrian accident, get the help of an experienced wrongful death attorney.
What damages can I recover through a Florida wrongful death claim?
After losing a loved one to a fatal pedestrian accident in Florida, the damages a survivor may recover include:
- The victim’s medical expenses,
- Funeral expenses and burial costs;
- Loss of support and services;
- Loss of companionship and protection;
- Mental pain you may have suffered; and
- Loss of parental guidance, instruction, and companionship.
The loss of support (financial) may be calculated by an economist, who will take into account the former net income of the deceased. The loss of services refers to household chores, such as home maintenance and repairs. You may be compensated for the value of these services, which the deceased can no longer provide.
The loss of parental guidance, instruction and companionship may be recovered by the surviving spouse and minor children (under the age of 25). To assess these damages in a wrongful death claim, the plaintiff may submit the testimony of a professional grief counselor.
Who is eligible to seek damages through a wrongful death claim?
After a fatal pedestrian accident, any survivor of the deceased may claim damages. However, in a wrongful death lawsuit, the only person who may claim damages is a personal representative of the deceased. This elected representative must make a claim on behalf of the deceased’s estate, and on behalf of each individual survivor. Survivors may include:
- The deceased’s spouse;
- The deceased’s children;
- The deceased’s parents; and
- The deceased’s blood relatives, and, in some cases, adoptive relatives.
Florida state statues specify what damages each type of survivor may recover. If you have questions about whether you can seek damages through a Florida wrongful death claim, you can contact an experienced Florida wrongful death attorney who can investigate your case and possibly estimate the value of your claim.
Should I hire a wrongful death attorney?
If you are questioning whether to hire an attorney after a fatal pedestrian accident involving a loved one, the answer is YES. You may need the help an experienced wrongful death attorney to get the money you deserve. The fact is, insurance companies have a number of tactics that they employ to deny claims, and only a knowledgeable professional can outmaneuver these insurance industry tactics.
Furthermore, when you file a claim after a fatal pedestrian accident in, the defending insurer will have its own experienced legal team. To overcome their arguments and prove the value of the damages, you will need an experienced Florida wrongful death attorney who can build a winning case, so that you are not left to fight a difficult legal battle on your own.
Because a wrongful death claim may only be brought by a personal representative of the deceased, the matter must in part proceed through a formal probate court, presenting legal matters that the average individual will have difficulty to understand.
You can file your Florida wrongful death claim with the help of a Florida wrongful death attorney. If it comes to a lawsuit, your attorney can help you choose an effective personal representative, and do his or her best to win your case against the defending insurance company.
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