Wrongful Death In A Pedestrian Accident
Often, when a motor vehicle hits a pedestrian, the results are serious. Every year, thousands of pedestrians die after being hit by a vehicle, and hundreds of thousands end up in emergency departments for non-fatal crash-related injuries. For example, the CDC reported that 5,977 pedestrians died in 2017 alone in traffic crashes in the U.S. Additionally, approximately 137,000 pedestrians were treated for non-fatal accident-related injuries for the same year.
Unfortunately, a wrongful death resulting from a pedestrian accident can have major implications. For example, a wrongful death resulting from a pedestrian accident can leave a family with steep medical and funeral costs. And, if a family relied on the deceased financially, the family may be left struggling. If you lost a loved one after a negligent driver hit them while they were walking, it is crucial that you speak to a wrongful death lawyer who can help you file a wrongful death claim and recover compensation from the negligent driver.
Common Reasons for Pedestrian Wrongful Deaths
There are many reasons why pedestrians wrongfully die because of drivers. Below are some of these reasons;
- Distracted driving
- Speeding
- Drunk or drugged driving
- Drowsy driving
- Recklessness
- Failure to yield
How Wrongful Death Claims Work in Florida
In Florida, a wrongful death claim arises when a person’s death is caused by the negligence or wrongful act of another. According to Florida statute 768.20, a wrongful death claim can be brought forward by the deceased’s personal representative. If the personal representative is not named in a deceased’s Will, the court usually appoints a representative.
It is crucial to note that, as much as the deceased’s personal representative is the one who is allowed to bring forward a wrongful death claim, a personal representative recovers compensation for the benefit of the deceased’s survivors and estate. For example, when it comes to survivors, a personal representative can recover compensation for, among others, the following people;
- The spouse of the deceased
- Children of the deceased
- Parents of the deceased
- Adoptive siblings of the deceased
According to Florida Statute 768.21, survivors of a deceased individual who died in a pedestrian accident can recover, among others, compensation for the following damages;
- Lost support and services
- Loss of companionship
- Lost parental companionship
- Mental pain and suffering
- Medical and funeral expenses
Statute of Limitations for Wrongful Death Cases
In Florida, wrongful death claims are subject to a statute of limitations. In Florida, you have up to two years from the date of death to file a wrongful death claim. Failing to file on time may result in you being barred from ever recovering compensation for your loved one’s death. Nevertheless, there are a few circumstances where you may be able to file a claim after two years have passed. An attorney can advise you on this.
Contact Us for Legal Help
If you recently lost a loved one in Florida because of another driver’s negligence, our Jacksonville personal injury attorneys at The Pendas Law Firm can help you hold the at-fault party responsible and recover the compensation you deserve for your loss. Contact us today to schedule a free no-obligation consultation.
The Pendas Law Firm also represents clients in the Tampa, Fort Myers, Jacksonville, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Ocala, and Orlando areas.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.20.html