If your loved one died in a Fort Lauderdale trucking accident, you can file a wrongful death lawsuit if you qualify as an eligible survivor under Florida law. Trucking accident wrongful death cases often involve substantial compensation.
Understanding who holds legal standing to pursue wrongful death claims and what compensation categories Florida law allows helps grieving families make informed decisions about pursuing justice for preventable deaths.
A Fort Lauderdale truck accident lawyer experienced in wrongful death litigation guides families through complex legal procedures while handling insurance negotiations and court proceedings during the difficult period following a loved one’s death.
Who Can File Wrongful Death Claims in Florida
The personal representative of the deceased person’s estate is the only party with legal standing to file wrongful death lawsuits. This personal representative acts on behalf of all eligible survivors and the estate itself, consolidating what would otherwise be multiple separate claims into a single legal action that efficiently resolves all wrongful death damages.
The personal representative is typically named in the deceased person’s will if one exists. When no will designates a personal representative, Florida probate courts appoint administrators to fulfill this role, usually selecting surviving spouses or adult children.
Personal representatives have fiduciary duties to all survivors who will benefit from wrongful death recoveries. They must pursue claims diligently, make decisions in survivors’ collective interests, and ultimately distribute any recovered compensation according to Florida’s statutory allocation rules.
Survivors Who Can Recover Wrongful Death Damages
Florida’s Wrongful Death Act identifies specific categories of survivors entitled to recover various types of damages following fatal accidents. Not all family members qualify for compensation, and the damages available to each survivor category differ based on their relationship to the deceased.
Surviving spouses can recover compensation for lost support and services the deceased would have provided during their remaining lifetime, loss of companionship and protection, and mental pain and suffering resulting from the death.
Minor children of deceased parents recover damages for lost parental companionship, instruction, and guidance, plus lost support and services from the deceased parent. Children lose not just financial support but also the intangible benefits of parental relationships, including emotional support, guidance during developmental years, and the presence of a parent.
Estate Damages in Wrongful Death Claims
The deceased person’s estate can recover damages for losses the deceased themselves suffered between the accident and their death, even if the survival time was brief. The estate recovers medical and funeral expenses incurred due to the fatal accident.
Emergency treatment costs, hospitalization, surgery, and end-of-life care all warrant compensation. Funeral and burial expenses, including services, caskets, cemetery plots, and related costs, also fall within recoverable estate damages.
Lost earnings and benefits from the injury date until death compensate the estate for the income the deceased would have earned during their survival period. Even when death occurred quickly after accidents, these lost earnings represent real economic losses to the estate.
Pain and Suffering of the Deceased
The deceased person’s own pain and suffering between the accident and death can also be sued for after a Fort Lauderdale trucking accident. Trucking accident victims who survive initial impacts but die hours, days, or weeks later often endure substantial physical pain, mental anguish, and fear before death occurs.
Loss of earning capacity from the injury until death is also compensable. This differs from survivors’ lost support claims by focusing on what the deceased lost personally rather than what they would have provided to family members.
Time Limits for Filing Wrongful Death Lawsuits
Florida’s statute of limitations establishes strict deadlines for filing wrongful death claims. Since March 2023, wrongful death lawsuits must be filed within two years of the death date, reduced from the previous four-year limitation period. This compressed timeline makes prompt action critical, as missing the deadline typically bars recovery permanently.
The two-year clock begins running on the date of death, not the accident date. When truck accident victims survive for weeks or months before succumbing to injuries, this distinction affects deadline calculations. Families must track carefully to ensure claims get filed within the statutory period.
Get Help Suing for Wrongful Death After a Fort Lauderdale Trucking Accident
Contact a Fort Lauderdale truck accident lawyer today if your loved one died in a commercial vehicle collision. Our attorneys understand wrongful death law, the unique aspects of trucking accident cases, and how to hold all responsible parties accountable for preventable deaths.
We fight for the full compensation your family needs while you focus on grieving and supporting one another. We work on a contingency fee basis—you pay nothing unless we recover compensation for your family.
Don’t struggle to pursue justice on your own. Instead, let our team help you sue for wrongful death after a Fort Lauderdale trucking accident.
We Can Help.
