Truck accidents are more likely to result in fatalities than car accidents due to the immense size of the vehicles involved. Large trucks in Florida routinely weigh up to 88,000 pounds, some of the heaviest in the nation. Truck accidents are not only often deadly, but they also commonly result in complex legal cases. The families of fatal truck accident victims will require the assistance of experienced counsel well versed in this field of law in order to protect their legal rights. The following is a look at wrongful death actions in Florida and some of their unique liability issues.
Wrongful Death Claims in Florida
A wrongful death is any death caused by negligence, recklessness, or intentional acts. Accordingly, death caused by a truck accident will generally fall into the realm of wrongful deaths. Following a fatal truck accident, there are two categories of claimants who can bring a wrongful death lawsuit. The first is the personal representative of the decedent’s estate. The personal representative can bring a wrongful death lawsuit on behalf of the estate, to be distributed to the beneficiaries of the estate.
The second category of claimants is the survivors of the deceased accident victim. Survivors include the deceased accident victim’s spouse, children, parents, and others who were at least partially dependent upon the victim for support or services. This could include siblings or other blood or adopted relatives.
Wrongful death actions involve complex issues of damages and liability. Wrongful death plaintiffs (the personal representative or the eligible survivors), will need to prove that the truck accident victim died as a result of negligence or other wrongdoing. Negligence in truck accident cases commonly involves the use of drugs or alcohol, distracted driving, failure to adhere to hours of service requirements or other federal regulations, fatigue, speeding, and failure to obey traffic rules.
Once the plaintiff has established liability, then the issue of damages will come into play. Wrongful death damages can be difficult to calculate because they so often include non-economic damages that can be hard to quantify monetarily. Wrongful death damages in Florida will often involve funeral and burial expenses, loss of future income, pain and suffering, and emotional pain and suffering. Courts may also award damages for the loss of companionship, guidance, and love, dependent upon the plaintiff’s relationship to the deceased. Your Florida truck accident attorney will assist you in bringing a strong wrongful death lawsuit that will successfully obtain the damages you deserve.
Greenberg, Stone & Urbano: Assisting the Families of Truck Accident Victims
If you have lost a loved one in a truck accident in South Florida, the Miami Truck Accident Attorneys at Greenberg, Stone & Urbano are here to help. Our outstanding truck accident firm offers over 130 collective years of experience representing the families of fatal truck and other traffic accident victims across South Florida. Our dedicated lawyer staff provides legal representation of unmatched excellence, evidenced by our array of awards. We received an AV rating from Martindale Hubbell and are ranked as a top firm in South Florida by the Miami Herald. Do not delay in protecting your legal rights. Contact our firm as soon as possible to start on the road to protecting your legal rights. Call us at (888) 499-9700 or (305) 595-2400 or you can visit our website to schedule your initial consultation.