Truck Accidents & Wrongful Death Claims
March 9, 2022
Due to their weight and sizes, traffic crashes involving 18-wheelers, semi-trucks, or large trucks are often devastating and may result in severe injuries or sometimes death. Losing a loved one to a truck accident caused by a negligent party can be an emotional and overwhelming experience. If you believe that the negligent or wrongful actions of a truck driver were responsible for the untimely death of a family member, you may pursue fair financial compensation for your loss by filing a wrongful death claim against the liable party.
For more than 30 years, Attorney David Lee Sellers has devoted his career to offering experienced legal services and advocating for the rights of truck accident victims and their families. As an experienced Florida personal injury attorney, he can review and investigate every detail of your unique situation and determine the best way to proceed with your wrongful death claim. Attorney David Lee Sellers will fight passionately to protect your family's best interests and help you seek your deserved financial justice.
The firm – David Lee Sellers, PA – is proud to serve clients across Pensacola, Crestview, Milton, and Fort Walton Beach, Florida.
Why File a Wrongful Death Claim?
Losing a family member can be difficult and unsettling. No money will be enough to fill the void left behind by the deceased person. However, receiving compensation and justice can hold the responsible party accountable and help the surviving family members recover financial stability and peace of mind after such a sudden loss.
Additionally, filing a wrongful death claim can mean a much-needed financial boost for the decedent's surviving loved ones to cover medical bills incurred before the victim's death, lost income/wages, burial costs, funeral expenses, and loss of consortium.
Also, filing a wrongful death claim will ensure that an unfortunate incident doesn't happen to another person or family. A skilled attorney can enlighten you about what constitutes wrongful death in Florida and determine how to proceed with your claims.
What Constitutes Wrongful Death in Florida?
Wrongful death is a preventable death that occurred due to the negligent, careless, or wrongful actions of another person. According to Florida Statutes Section 768.19, "when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person," the personal representative of the decedent's estate can file a wrongful death action (or civil lawsuit) in court.
Who Can Be Held Liable in a Truck Accident?
Depending on the surrounding circumstances or events leading to the truck accident, several different parties may be held accountable for the incident, including:
The truck driver
The trucking company
The owner of the truck or trailer
The persons who loaded or shipped the cargo
The truck manufacturer or parts and equipment manufacturers
The maintenance personnel or company
A government agency or private contractor that failed to properly maintain the highway
A skilled truck accident attorney can investigate every last detail of your case, identify the responsible parties, and help pursue the rightful financial justice you deserve by filing multiple wrongful death claims.
Who Can File a Wrongful Death Claim in Florida?
According to Florida Statutes Section 768.20, the decedent's personal representative may be allowed to bring a wrongful death action to recover damages for the benefit of the surviving family members. The personal representative may be any of the following persons:
A surviving spouse, if they were married
Adult children, if they were not married
Dependent children, if they had one
A legal guardian or one or both parents, if they were a child
Parents, if the deceased was a young adult
Also, the personal representative must list all possible beneficiaries when filing the claim. They must bring the wrongful death claim within the specified time window for filing.
Time Limits for Filing
In Florida, the statute of limitations for most wrongful death lawsuits is two (2) years from the date of the person's death. This means that a wrongful death action must be commenced within two years from the date the victim died.
The following damages may be recovered by filing a wrongful death claim in Florida:
Medical expenses incurred before the victim's death
Lost wages or income and benefits
Loss of consortium
Lost love, companionship, or protection
Lost earning capacity
Lost care, counsel, guidance, or support
Punitive damages to further punish the at-fault party.
An experienced wrongful death attorney can explore your available option to pursue damages and help you recover the maximum possible compensation for your loss.
How a Personal Injury Attorney Can Help
The sudden loss of a family member is one of the most heartbreaking occurrences anyone can experience in life. Such a devastating incident can have substantial effects on your financial, emotional, and mental health. Regardless, you don't have to suffer the financial liability and challenges alone.
By filing a wrongful death claim, you may be able to recover a much-needed financial boost to cover funeral and burial expenses, lost wages, and outstanding medical expenses. An experienced wrongful death attorney can explore your available legal options and help pursue deserved compensation for your loss.
At David Lee Sellers, PA, Attorney David Lee Sellers dedicates himself to providing knowledgeable legal counsel and vigorous representation to his clients handling truck accidents and wrongful death claims. Also, he will attempt to protect your rights and help you seek fair financial compensation to cover burial and funeral costs, outstanding medical bills, lost income, loss of consortium, and other potential damages. Having him on your side can make a huge difference in your wrongful death lawsuit.
If your loved one died in a negligent truck accident, you may seek fair compensation. Contact David Lee Sellers, PA, today to schedule a simple case assessment with a skilled truck accidents attorney. Attorney David Lee Sellers has the experienced legal guidance, support, and compassionate representation you need to navigate vital decisions in your wrongful death claims. The firm is proud to serve clients across Pensacola, Crestview, Milton, and Fort Walton Beach, Florida.