When a driver dies in a Florida crash, claims for the people harmed are not automatically over. A wrongful death action is brought by the personal representative of the person who died, under Fla. Stat. § 768.20. For a free case evaluation, call 888-PERAZZO.
The Perazzo Law Firm has learned, according to Spectrum News 13, that a head-on collision on I-95 in Titusville, Brevard County, just after 11 p.m. Saturday claimed the lives of both drivers. Florida Highway Patrol investigators said a 26-year-old woman was driving southbound in the northbound lanes, and Brevard County Sheriff Wayne Ivey said a deputy traveling northbound collided head-on with her vehicle, Spectrum News 13 reports. We extend our condolences to both families.
FHP Lt. Channing Taylor said the southbound vehicle had made a U-turn north of the State Road 46 interchange “for unknown reasons,” according to Spectrum News 13, and the agency’s statewide investigations and reconstruction team is investigating. The Spectrum News 13 report does not address insurance, fault, or any claim. What follows is general Florida law, not a view on this crash.
Who can bring a wrongful death claim in Florida
Under Fla. Stat. § 768.20, the personal representative brings the action and recovers for the benefit of the survivors and the estate. Fla. Stat. § 768.21 sets out what survivors and the estate may recover, depending on who the survivors are. Examples include:
- A surviving spouse: loss of companionship and protection, and mental pain and suffering.
- Each survivor: the value of lost support and services.
- The estate: lost earnings, and medical or funeral expenses paid on the decedent’s behalf.
The filing window is short: Fla. Stat. § 95.11(5)(e) sets two years for a wrongful death action.
When the other driver has died or has little insurance
Your own policy may help. Fla. Stat. § 627.727 provides uninsured motorist coverage for damages, including death, that an insured is “legally entitled to recover” from the owner or operator of an uninsured vehicle. Under subsection (3), a vehicle also counts as uninsured when its bodily injury limits are lower than the total damages sustained. The same statute lets the named insured reject this coverage in writing, so the policy’s declarations page matters.
Fla. Stat. § 324.022 requires $10,000 in property damage liability coverage per crash and does not require bodily injury liability coverage.
Claims against a deceased driver’s estate or insurer
The loss of a driver’s life does not erase a liability insurance policy. Under Fla. Stat. § 733.702(4)(b), a proceeding to establish liability protected by casualty insurance may go forward to the limits of that insurance only. Claims against the estate itself must be filed in the probate case by the later of three months after the first publication of the notice to creditors or, for a creditor who must be served, 30 days after service, per Fla. Stat. § 733.702(1). Under the same section, missing that date can bar the estate claim, so timing matters in any car accident where a driver has suffered wrongful death.
FAQ
Can a family file a claim if the other driver died?
Possibly. Depending on the facts, a claim may proceed against the other driver’s liability insurance and, within the probate deadlines, the estate, under Fla. Stat. § 733.702.
How long do we have to file a wrongful death lawsuit?
Two years, per Fla. Stat. § 95.11(5)(e). Estate claim deadlines under Fla. Stat. § 733.702 can be shorter.
Who files a wrongful death action?
The decedent’s personal representative, for the survivors and the estate, under Fla. Stat. § 768.20.
Talk to a Florida wrongful death attorney
If your family lost someone in a Florida crash, or you were injured by a driver who has since died, call 888-PERAZZO or request a free case evaluation. No attorney’s fee unless we recover for you*. Past results do not guarantee a similar outcome.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
Car accident Attorney in Miami Advertising. General information only; this is not legal advice and does not create an attorney-client relationship. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida and Atlanta, Georgia. Jonathan Perazzo, Esq. is the attorney responsible for this content.