Losing a Loved One in a Drunk Driving Accident: Legal Options for Families
Nothing prepares a family for the call that their loved one has been killed by a drunk driver. The grief that you feel can be all-consuming, but it must be put aside as you make funeral arrangements, cancel utility bills, and tend to other financial matters. While no settlement can make up for your loss, Florida law does provide an avenue for family members to hold the liable driver responsible to recover meaningful compensation. At Matthews Injury Law, our Florida wrongful death attorneys are available to help you understand your legal options as you deal with your devastating loss.
Wrongful Death Suit
In the event of a fatal crash, the personal representative of the decedent’s estate may file a wrongful death suit on behalf of surviving family members. This requires first opening the estate and appointing a personal representative (PR). If your loved one died with a will, the PR nominated in the will is most likely to be appointed by a probate court judge. If the person died without a will, then the probate court will appoint someone (usually a close relative). Be aware that this can draw out the process.
Beneficiaries of a wrongful death lawsuit typically include:
- A surviving spouse
- Minor children (adult children included if there is no surviving spouse)
- Parents of the deceased
- Other blood relatives or adoptive siblings who depended on the decedent for financial support
Damages under Florida’s Wrongful Death Act
Under Florida law, a wrongful death suit is designed to compensate eligible family members for the losses incurred due to the death of their loved one. According to Fla. Stat. §768.21, damages in a wrongful death action may include:
- Funeral and burial expenses
- Loss of earnings (from the date of injury to the date of death)
- Medical bills paid by survivors (from the date of injury to the date of death)
- Loss of household services
- Loss of companionship, instruction, and guidance
- Mental pain and suffering
Punitive Damages
Florida law treats drunk driving differently from ordinary negligence, and courts sometimes award punitive damages. Punitive damages are designed to punish the driver’s conduct and deter similar behavior; they do not reflect actual losses. To win punitive damages in a wrongful death claim, our Florida wrongful death lawyers will need to prove that the drunk driver’s conduct was particularly egregious.
This is a high standard of proof, requiring you to demonstrate that the defendant acted with a complete disregard for the safety of others. In a drunk driving accident, this could involve driving the wrong way on a one-way street or running multiple red lights.
The higher legal burden makes punitive damages awards rare, even in wrongful death claims. Although Florida law typically imposes a cap on punitive damages (three times compensatory damages or $500,000), the statutory cap does not apply when the defendant is under the influence of alcohol or a controlled substance. If there is evidence to support punitive damages, our legal team is sure to bring this to a jury’s attention.
Third-Party Liability
In drunk driving cases, the at-fault driver is not always the party that is held accountable. Although establishments are protected from liability in most circumstances, under Fla. Stat. §768.125 (Florida’s dram shop law), an establishment may be held liable for injuries if it willfully and illegally serves alcohol to a minor or to someone who is habitually addicted to alcohol. Dram shop claims are more difficult to prove since they require investigating the bar or restaurant that served the alcohol. Still, this can provide an additional source of compensation.
Legal Guidance and Compassion
Fla. Stat. §95.11(5)(e) permits only two years to file a wrongful death claim, so you must act immediately. While taking legal action cannot undo your loss, it can ease the financial burden on your family. At Matthews Injury Law, our Florida wrongful death lawyers will help you gather crucial evidence to establish the at-fault party’s liability. Our aggressive representation doesn’t end there, with our legal team advocating for just compensation on your and your family’s behalf.
Speak with Our Florida Wrongful Death Attorneys Today
Drunk driving is a significant factor in Florida traffic fatalities. If you have lost a family member due to a drunk driver, you can take civil action. At Matthews Injury Law, we work with you to pursue the compensation your family deserves. To schedule your free consultation with one of our Florida wrongful death lawyers, contact our firm online or by calling (813) 530-1000 at your earliest opportunity.