Can I File a Wrongful Death Claim for a Fatal Car Accident?

 Posted on January 10, 2025 in Personal Injury

Less than an hour into 2025, a multi-car crash killed two passengers who were riding in different vehicles in Pompano Beach. On January 4, a fatal hit-and-run collision killed a pedestrian, also in Pompano Beach. At The Law Offices of John D. Ameen, P.A., our thoughts are with the affected families.

What is a wrongful death claim? Is it different from a survival action? How do I know if I am eligible to file one? A knowledgeable Broward County, FL wrongful death lawyer can assess your eligibility and help maximize your compensation.

What Are Wrongful Death and Survival Actions?

If someone’s negligence leads to another person’s death, eligible survivors could obtain compensation by filing a survival action, wrongful death claim, or both. Although both types of claims follow someone’s death, they are different. The following example can help demonstrate this.

Suppose Alex is critically injured in a car accident caused by a drunk driver and is taken to a hospital, where he undergoes emergency treatment and is then placed in intensive care. His wife, Connie, and their three young children are hopeful for his recovery, but Alex dies from his injuries two weeks later.

Until his eventual death, Alex suffered incredible pain and experienced significant emotional distress. His medical care costs were incredibly high, and his new car was totaled in the crash. He was unable to work while hospitalized. Had he lived, Alex could have pursued a personal injury claim against the drunk driver who caused his accident. His compensation probably would have included payment for his accident-related financial losses and the ways his accident and injuries diminished his quality of life. Although Alex died, his eligibility for compensation lives on with the family he left behind. Connie can file a survival action on his behalf.

Connie and her children also suffered multiple losses, including:

• Loss of support, companionship, and guidance

• Loss of services, financial support, and employment-related benefits

• Loss of inheritance

• Funeral and burial costs

• Various types of pain and suffering

Along with pursuing a survival action on Alex’s behalf, Connie can file a wrongful death claim to compensate for her and her children’s losses. However, neither case is likely to provide the maximum allowable compensation without the help of a skilled wrongful death attorney.

How Can a Wrongful Death Lawyer Help Me?

First, we must determine your eligibility to file a wrongful death or survival action. In Florida, the personal representative of the deceased’s estate has the right to file these suits. This is usually a spouse, parent, child, or another person who was financially dependent on the deceased.

If you are eligible, you need evidence to support your claims, and you also need to understand how much your case is worth. Your attorney will investigate the circumstances surrounding the death, preserve the appropriate evidence, calculate all eligible damages, and fight to help you collect all you are due.

We realize that no amount of money can ever make up for the loss of your loved one. However, winning your cases is a way to hold the at-fault party accountable, bring a sense of closure through justice delivered, and provide funds to help you adjust to your new circumstances.

Discuss Your Case With a Skilled Fort Lauderdale, FL Wrongful Death Lawyer

Whether your loved one’s death resulted from a car accident, workplace injury, medical malpractice, or another cause, The Law Offices of John D. Ameen, P.A. has over 50 years of combined experience handling similar matters successfully. Contact us online or call 800-555-4011 to schedule your free case review with one of our dedicated Broward County, FL personal injury attorneys.