Losing a parent in a car accident is devastating. Along with grief, surviving family members often have questions about whether they can take legal action against the person or company responsible for the crash.
In Florida, a wrongful death claim may allow certain family members to recover compensation when someone else’s negligence causes a fatal accident. However, not every relative has the legal right to file a lawsuit, and the process is governed by Florida’s Wrongful Death Act.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, the personal representative of the deceased person’s estate files the wrongful death lawsuit. Although the personal representative files the case, it is brought on behalf of eligible surviving family members and the estate.
Depending on the circumstances, beneficiaries may include:
- A surviving spouse
- Children
- Parents
- Other blood relatives or adoptive siblings who depended on the deceased for support or services
Whether an adult child may recover damages for the death of a parent depends on the specific facts of the case and Florida law.
Can an Adult Child Sue for the Death of a Parent?
Possibly. If your parents were killed in a car crash caused by another person’s negligence, you may be entitled to recover certain damages through a wrongful death claim if you qualify under Florida law.
Because the lawsuit must be filed by the estate’s personal representative, surviving family members generally do not file separate wrongful death lawsuits on their own.
What Compensation May Be Available?
A wrongful death claim may seek compensation for losses suffered by surviving family members and the estate.
Depending on the circumstances, damages may include:
- Funeral and burial expenses
- Medical expenses related to the final injury
- Loss of financial support
- Loss of services provided by the deceased
- Mental pain and suffering, when permitted by law
- Loss of companionship or guidance in certain situations
The damages available depend on the relationship between the survivor and the deceased, as well as other facts unique to the case.
What Evidence Is Needed?
A successful wrongful death claim generally requires evidence showing that another party’s negligence caused the fatal crash.
Important evidence may include:
- Police reports
- Witness statements
- Photographs or video of the accident
- Medical records
- Accident reconstruction evidence
- Vehicle damage
- Expert testimony, when appropriate
Preserving evidence early can help establish how the collision occurred.
What if the Driver Faces Criminal Charges?
A wrongful death claim is separate from any criminal case. For example, if a driver is charged with DUI, reckless driving, or another offense, surviving family members may still pursue a civil wrongful death claim. Likewise, a civil case may proceed even if no criminal charges are filed.
Florida Wrongful Death Laws
Florida generally gives the personal representative of the estate two years from the date of death to file a wrongful death lawsuit.
Because only the personal representative has the authority to bring the claim, it is important to determine who has been appointed to administer the estate. Taking action promptly can also help preserve evidence and protect the rights of surviving family members.
Contact Baggett Law Personal Injury Lawyers To Schedule a Free Consultation With a Jacksonville Wrongful Death Attorney
If your parents were killed in a car crash caused by another person’s negligence in or around Jacksonville, Florida law may allow eligible family members to recover compensation through a wrongful death claim. While the lawsuit is filed by the personal representative of the estate, it is brought for the benefit of qualifying survivors and the estate.
For more information, please contact the Jacksonville and Ponte Vedra wrongful death law firm of Baggett Law Personal Injury Lawyers at the nearest location to schedule a free consultation today.
We serve Duval County, St. Johns County, and the surrounding areas:
Baggett Law Personal Injury Lawyers – Jacksonville
9471 Baymeadows Rd #105,
Jacksonville, FL 32256
(904) 396-1100
Baggett Law Personal Injury Lawyers – Downtown Jacksonville
121 W Forsyth St Suite 1000,
Jacksonville, FL 32202
(904) 822-4225
Baggett Law Personal Injury Lawyers – Ponte Vedra
480 Town Plaza Ave #130,
Ponte Vedra Beach, FL 32081
(904) 675-1167