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What if my loved one died in a pedestrian accident? | Guy S. DiMartino DC, JD, PA

Guy DiMartino June 6, 2013

What if my loved one passed away in a pedestrian accident?

If your loved one passed away because of an accident, the claim is considered a wrongful death claim. Wrongful death claims are different than personal injury claims. A personal injury claim focuses on the injuries and damages to the person involved in the accident.

The damages available in a personal injury matter include medical expenses, wage loss, and pain and suffering.

Wrongful Death Statute

In Florida wrongful death claims are governed by a number of laws. The person who brings the claim is the personal representative of the estate. He or she brings the claim on behalf of the estate and the statutory survivors. The law tells us who are considered survivors and who are entitled to compensation.

Damages in a Wrongful Death Claim

Estates Compensation

The estates damages include the decedents medical expenses, funeral expenses any other incidental expenses, and net accumulations.

Survivors Compensation

A wrongful death claim focuses on the losses of those who are left behind. The types of compensation available to survivors include:

  • Loss of support and services

  • Loss of love and affection

  • For children, the loss of parental guidance, companionship, and instruction

  • Mental pain and suffering for the surviving spouse, minor children, adult children (when there is no surviving spouse), each parent of a deceased minor child, and

  • Parents of an adult child when there are no other statutory survivors

Statute of Limitations in a Wrongful Death Action

Unlike general personal injury matters, like a car accident, that has a 4 year statute of limitations. Wrongful death actions must be brought within 2 years of the love ones death.

If you have any questions, give me a call.