Suing for Wrongful Death After a Truck Accident in Florida
If a loved one dies in an accident, your life can be altered completely. The loss can affect you financially and emotionally, and it can even affect your security and safety. These harms are something Florida law takes into account, and the law allows you to file a lawsuit for the death of a loved one. If they were killed in a truck accident, you should speak with Miami truck accident lawyer Prosper Shaked today. The Law Offices of Prosper Shaked offer free consultations on wrongful death lawsuits to help you understand your case.
Wrongful Death Lawsuits for Semi-Truck Deaths
After the death of a loved one, you may be entitled to file a wrongful death lawsuit to receive compensation for your loss. Any time that a victim of an accident would have been able to sue, their surviving family can sue on their behalf if they passed away. This allows you to recover damages with the help of a Miami car accident lawyer to help your family after a loss in a semi-truck accident.
Florida’s Wrongful Death Act permits the deceased’s “survivors” to benefit from a wrongful death lawsuit. These survivors are the ones who receive the damages paid from the trial, and they include the deceased’s direct family. Spouses, parents, and children are the most common individuals who can sue for wrongful death, but any other blood relatives under their care can also benefit.
The deceased’s “personal representative” is the one who actually files the lawsuit. This person is appointed in the deceased’s will, or by law if they died without a will. Even though the personal representative brings the lawsuit, the surviving family and the deceased’s estate are the ones who benefit.
The damages from a wrongful death lawsuit include a mix of damages the deceased would have been able to claim had they survived, plus damages the family faces. This means you can recover damages for the deceased’s medical bills and pain and suffering as well as the harms you face. Some examples of common damages for the family include the following:
- Mental anguish and pain and suffering from the loss
- Funeral and burial expenses
- Lost support and income
- Lost companionship
- Lost services at home
- Lost parental guidance and care
In addition to these damages, the deceased’s estate can also receive damages for lost income and other financial growth between the date of injury and the date of death, which are added to their estate and distributed according to the deceased’s will – or Florida law, if there is no will.
Whom Do You Sue for a Deadly Truck Accident in Florida?
Deciding whom to bring your lawsuit against depends on the circumstances of the case. Typically, a driver is directly responsible for any harm they cause in a car accident, but you may also be able to bring your case against the trucking or shipping company.
The truck driver should be held liable as part of a trucking accident lawsuit or delivery truck accident claim. If the truck driver survived, which is common even in most deadly truck accidents, you will be able to file a lawsuit directly against them. If they died as well, you can sue their personal representative and their estate, instead. However, unless their insurance company is paying for damages, the truck driver may not be able to cover the harm you and your deceased loved one faced.
Instead, you may be able to bring your case against the trucking company that hired the driver. Since the truck driver is an employee of the trucking company, the trucking company is responsible for their on-the-job negligence. That means you can often seek compensation from the trucking company for the driver’s errors and harms.
In some situations, you may also have a direct case against the trucking company. Rather than suing them as the driver’s employer, you may be able to hold them directly responsible for contributing to the accident. Since the trucking company often owns and maintains the trucks, they can be held responsible for any maintenance problems or poor upkeep they helped contribute to the crash. They can also be directly liable if the driver they hired was unreasonably dangerous, and it was an error in judgment to hire them or keep them on staff. This usually comes up in cases where the driver had a serious history of traffic accidents or drunk driving, and the trucking company refused to fire them. It can also come into a case when the driver has a health disorder that potentially affects their safety as a driver, but was hired anyway.
Miami Wrongful Death Lawyer for Truck Accident Victims
If your loved one was killed in a truck accident in the Miami area, call Miami personal injury lawyer Prosper Shaked today. The Law Offices of Prosper Shaked represent victims and their families and fight to get them the compensation they need after serious injury and loss. For help filing your case and receiving the damages your family needs to keep going, contact our law offices today to schedule a free consultation. Our number is (305) 690-0244.