Wrongful Death In Florida Tractor-Trailer Accidents

When the average person loses a loved one, it can be paralyzing; it can feel like obscene amounts of work to simply function as normal, never mind trying to pursue any other endeavors. If the loss has been sudden, as a result of a tractor-trailer accident, it can feel even worse. For some, though, it can be a catharsis to seek damages for what your loved one – and that person’s loved ones – have been through after a fatal crash. This type of case is known as a wrongful death lawsuit.

Rarely Malicious

Wrongful death in Florida is defined as a situation in which the “wrongful act, negligence, default,” or breach of contract or warranty of one individual causes the death of another individual, and the deceased person could have maintained an action at law had they lived. In other words, a death is wrongful when it occurs due to another person’s negligent or unacceptable conduct, with certain other specifications.

Tractor-trailer accidents can be the cause for many wrongful deaths, depending on the specifics – not because tractor-trailer drivers are inherently more reckless, but because the size, weight, and stopping distance required for these vehicles far outstrips that required for the average car or SUV, and many are unaware of that. Wrongful death lawsuits are usually rooted in alleging negligence, rather than intentional malice, and sometimes a driver may not fully be aware of what their vehicle can do.

Who Can Recover?

In Florida, only the personal representative of the deceased person’s estate is able to bring a wrongful death suit, but they can do so on behalf of the surviving family. That said, those who qualify as ‘surviving family’ in Florida are generally a surviving spouse, minor children, parents, and any relative who depended on the deceased for support and services. Anyone else is barred from recovery by law.

In this type of case, both the decedent’s estate and the surviving family may be able to recover for their losses, but both are not the same. For example, the decedent’s estate would recover for things like lost accumulations (how much they might have saved if they had passed away later in life) or medical and funeral expenses. Survivors would receive damages for things like loss of support, pain and suffering, and loss of companionship or guidance – damages that are harder to quantify, but are still very real.

Contact A Tampa Tractor-Trailer Accident Attorney

If you have lost a loved one in a crash involving a tractor-trailer, the idea of filing a wrongful death suit can be very overwhelming – but we are here to help. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can help advise you on your options, and guide you forward. Call our office today at (813) 831-9999 to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.19.html