Dealing with the death of a loved one is always difficult. When a life is taken unexpectedly in a fatal car accident, it can feel even more devastating.
Making a wrongful death claim for your friend or family member is challenging. Rather than being able to move forward with your grief, you may be asked to recall and relive the elements contributing to your loved one’s death multiple times while making your claim.
These are some of the differences that set a wrongful death claim apart from a fatal car accident.
Cause of the accident
Not every fatal car accident has grounds for a wrongful death claim. The most significant factor for making a case for wrongful death is the behavior that caused the accident. In such cases in Florida, the personal representative of the estate would file a legal action that demonstrates negligent or reckless behavior, such as:
- Distracted driving
- Excessive speeding
- Driving without a license
A highly important part of getting behind the wheel is committing to a certain duty of care, and taking responsibility for your actions. When it comes to driving a car, maintaining this duty of care is essential.
Who is impacted?
While the person killed in an accident may have many friends and family members mourning the loss of their loved one, there are limits to who can be a beneficiary in a wrongful death claim. In most cases, beneficiaries include:
- Blood or adoptive relatives
Keep in mind, there are limits to the timeframe for filing a wrongful death claim known as the statute of limitations. While it is a difficult time to process all that is happening after a wrongful death occurs, it is essential to begin an investigation into a possible legal action quickly.