What Happens when Someone Dies in a Car Accident
When Walter got his green turn arrow, he pulled forward and proceeded to make his left hand turn. Walter was driving his Ford F-150 pickup truck, and was on his way to work where he worked as a mechanic, when suddenly, a station wagon ran the red light and crashed into Walter's truck.
The lady who was driving the station wagon told the police that she was turned around, telling her kids to be quiet, when she ran the red light. The lady and her four children were taken to the hospital by ambulance. Walter was pronounced dead at the scene.
Walter's grown children, Jim and Susan, flew in from Michigan and Ohio, to comfort their mother, Sharon. Sharon was in no shape to take of anything, so Jim and Susan decided to hire GetMeJustice, and their attorneys took care of everything right away.
First, everyone needed to decide who was going to be Walter's personal representative since Walter had died without a will. In Florida, only the personal representative can bring a Wrongful Death Claim. Everyone decided that Jim would be to be appointed as Walter's personal representative by the court and their attorneys filed the paperwork that week.
Next, Jim, acting as Walter's personal representative, brought a Wrongful Death Claim under Florida Statutes section 768.19 against the insurance companies that insured the other driver and that insured the truck that Walter was driving. Walter was driving his employer's truck and it had a 1 million dollar Under Insured Motorist policy. Jim and Susan were so relieved that GetMeJustice discovered Walter's employer's insurance policy. Now, Sharon would be properly taken care of.
Although Jim filed the Wrongful Death Claim, it was filed on behalf of Walter's estate and his surviving family members. In a wrongful death claim, the personal representative must list every survivor who has an interest in the case.
Family members who may recover damages in a Florida wrongful death case include the deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services."
Next, Jim made a claim for damages, under Florida Statutes section 768.21, which sets out the state's rules for awarding damages in a wrongful death claim. Among the possible claims for damages, Jim made the following claims:
- Walter's lost wages, benefits, and other earnings,
- Walter's loss of expected earnings,
- the value of support and services that Walter provided to Sharon,
- loss of consortium from Walter to Sharon,
- loss of the care, protection, guidance, advice, training, and nurturing from Walter
- loss of love, society, and companionship from Walter,
- Walter's medical expenses,
- Walter's funeral expenses,
- Compensation for Sharon's mental anguish and suffering,
- Compensation for Jim's mental anguish and suffering, and
- Compensation for Susan's mental anguish and suffering.
