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Daytona Beach Lawyers > Blog > Criminal Law > Filing A Wrongful Death Claim

Filing A Wrongful Death Claim


The death of a loved one is always difficult to deal with. It is particularly heartbreaking when it happens in an untimely manner and due to the reckless actions of others. When a family member is killed as a result of an accident in which others are at fault, you have the right to file a wrongful death claim. While no amount of money can bring back your loved one or ease your suffering, filing this type of claim can provide you with a sense of justice while ensuring you are provided for in a way the victim would have wanted.

Common Causes of Wrongful Death

According to statistics from the Centers For Disease Control and Prevention (CDC), accidental injuries are a leading cause of death in Florida. While the death of your loved one may have been unintentional, the fact is it is generally the reckless actions of others that are to blame. Fatal injuries are unfortunately common in the following situations:

  • Car accidents;
  • Truck accidents;
  • Motorcycle accidents;
  • Public transportation accidents;
  • Bicycle accidents;
  • Pedestrian accidents;
  • Construction site accidents;
  • Workplace accidents;
  • Accidents due to defective and dangerous products;
  • Sports and recreational accidents.

Reckless and negligent actions on the part of others involved may include anything from driving under the influence or other dangerous behaviors to failing to take the proper safety precautions. In these cases, the at-fault party can be held accountable for losses victims and their family members suffer as a result.

When To File A Wrongful Death Lawsuit

When someone passes due to the reckless actions of others, it is frustrating for survivors to get a sense of justice or closure. As the death was likely unintentional, criminal charges may not be filed in the case. Filing a wrongful death lawsuit is one way you can hold those responsible accountable.

Under Section 768.21 of the Florida Statutes, a wrongful death lawsuit can be filed in cases involving negligence. Those who may be entitled to file this type of claim include:

  • The victim’s parents, grandparents, or legal guardian;
  • Their spouse or domestic partner;
  • Their children, grandchildren, or legal wards;
  • Representatives of their estate;
  • Other blood relatives or other parties who may have been entitled to inherit from them.

Compensation in a wrongful death lawsuit can help to cover outstanding medical expenses, funeral costs, lost income, and losses in future income your loved one would have otherwise earned. You may also be entitled to compensation for pain, suffering, and loss of companionship, as well as additional amounts if the at-fault party acted in a particularly willful and reckless manner.

Contact Us Today for Help

At Bundza & Rodriguez, P.A., we understand how difficult it is dealing with the loss of a loved one, particularly when it happens in an unexpected way. We are dedicated to ensuring you get a sense of justice and the compensation your family needs to recover. Reach out and contact our Daytona Beach wrongful death attorneys to request a consultation today.


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