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Wrongful Death In A Florida Pedestrian Accident

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According to research, Florida is one the most dangerous states for pedestrians in the United States of America. Florida drivers are obligated to drive safely and be mindful of pedestrians and other road users, but unfortunately, many fail to live up to this responsibility. Pedestrian wrongful deaths happen in Florida because of several reasons, including distracted driving, drunk driving, speeding, reckless driving, and drowsy driving. Fortunately, in Florida, when a driver’s negligence or wrongful act results in the death of a pedestrian, they can be held liable. Below, we will discuss who can file a Florida pedestrian wrongful death claim and who can benefit from a successful pedestrian wrongful death claim.

Who Can File a Pedestrian Wrongful Death Claim in Florida?

After a person’s negligence or wrongful act causes another person’s death, the claim that arises is known as a wrongful death claim. Because wrongful death statutes vary from state to state, the people allowed to file wrongful death claims also vary from state to state.

So, in Florida, who can file a wrongful death claim after the wrongful death of a pedestrian? According to Florida Statute 768.20, when the death of a pedestrian is caused by the negligence or wrongful act of another driver, a wrongful death claim can be brought forward by the deceased pedestrian’s personal representative. However, a personal representative who brings forward a pedestrian wrongful death claim recovers damages for the benefit of the deceased pedestrian’s survivors and estate.

The following are the survivors that can recover damages after a personal representative files a pedestrian wrongful death claim;

  • The decedent’s surviving spouse
  • The decedent’s children
  • The decedent’s parent
  • Blood relatives or adoptive siblings that depended on the decedent for financial support

For example, according to Florida Statute 768.21, a surviving spouse may recover compensation for loss of companionship and protection and pain and suffering. Other damages that survivors of a person who died in a pedestrian accident can recover in Florida include;

  • Lost parental companionship
  • Lost support and services
  • Medical and/or funeral expenses

When it comes to the estate of someone who died in a pedestrian accident, the following are the damages the personal representative can recover for the estate;

  • Loss of earnings
  • Loss of prospective net accumulations of the estate
  • Medical and/or funeral expenses

However, damages for loss of prospective net accumulations of the estate can only be recovered if;

  1. the decedent’s survivors include lineal descendants or a surviving spouse; or
  2. the deceased is not a minor child, there is a surviving parent, and there is no lost support and services recoverable.

In conclusion, you should note that after a personal representative recovers monetary damages in a pedestrian’s wrongful death claim, the money is distributed to the deceased pedestrian’s loved ones after the estate has been properly administered according to the state’s laws.

Contact a Parkland Wrongful Death Attorney

If you lost a loved one in a Florida pedestrian accident because of another driver’s fault, it is crucial that you find the right attorney to help you. Our experienced and dedicated Parkland wrongful death attorneys at Lyons & Snyder can provide you with the help you need. Get in touch with us today to schedule a free consultation.

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