Can I Get Compensation If A Family Member Died In A DUI Crash?
Yes, you can get compensation if a family member died in a car accident in Florida. You must file a wrongful death claim through the personal representative of their estate. This allows you to recover medical bills, funeral expenses, and other lost wages. You may also seek damages for pain, suffering, and the loss of support caused by your loved one’s death.
Filing a claim after losing someone you love is painful, especially while coping with grief and sudden financial strain. In this situation, it’s difficult to gather evidence and handle insurance company tactics. At Todd Miner Law, we handle every step of your wrongful death claim with care and precision. Our team gathers all necessary evidence, handles insurance company tactics, and builds a strong wrongful death claim while you focus on healing. Call us at 407-894-1480 to get fair compensation.
What Compensation Is Available If A Family Member Dies in A DUI Crash?
You can file a wrongful death lawsuit to get compensation for medical expenses, funeral costs, lost income, and future savings after a DUI crash. You can claim those medical costs if the deceased received emergency care or treatment before passing. You can also recover money spent on the funeral, burial, or cremation, including any service costs your family covered out of pocket.
Additionally, you can recover future savings, known as prospective net accumulations. This means the money your loved one could have saved if they had lived a full life. The court estimates their expected earnings, deducts their living expenses, and calculates the amount they may save for their family. This compensation supports the long-term financial loss caused by the DUI crash.
Here are some additional compensations you may also receive due to the disruption to your daily life:
- The value of support the deceased person provided to the surviving family member.
- Loss of companionship, guidance, and protection provided by the deceased person.
- Mental and emotional distress from losing a close family member.
- Compensation for punitive damages when a drunk driver causes a death
Who Is Eligible To Pursue A Wrongful Death Claim After a DUI Crash?
You can pursue a wrongful death claim if you are a surviving spouse, child, parent, or financially dependent relative. Florida law gives the spouse first priority to recover compensation. If there is no spouse, the right passes to biological or adopted children. In some cases, children born outside of marriage may also qualify if they relied on the deceased for financial support.
However, if the deceased has no surviving spouse or children after a drunk driving accident, his parents may file a wrongful death claim. Blood relatives or adopted siblings can also qualify if they were financially dependent on the deceased. In addition, to file a wrongful death claim, the family must act through a personal representative of the deceased’s estate. This person is often chosen by the deceased in a legal document called a will. If there is no will, the court appoints someone to handle the case and represent all eligible family members.
How Can a Lawyer Help in a DUI Wrongful Death Case?
A wrongful death lawyer helps by gathering evidence, proving fault, and building a strong case for maximum compensation. At Todd Miner Law, we focus on gathering strong evidence and working with trusted experts to support your case. Our legal team works with medical, financial, and forensic experts to calculate every dollar of loss associated with the deceased person’s estate. This includes damages your loved one would have claimed if they had survived, as well as the financial losses now affecting your family.
To build a robust DUI wrongful death case, our legal team takes the following steps:
- Obtain and analyze crash evidence, including police reports, toxicology results, and eyewitness accounts, to establish fault.
- Prove the drunk driver’s negligence by highlighting reckless behavior and violations of DUI laws that directly led to the fatal crash.
- Calculate full financial losses by compiling pay stubs, benefits, and future income losses to show the long-term economic impact on your family.
- Document emotional and household loss by detailing the loss of companionship, guidance, and essential services once provided by your loved one.
By building a strong strategy, we work to recover every dollar your family is entitled to under Florida law. Our focused approach, backed by expert evidence and detailed case preparation, helps us fight for the highest possible payout. In one DUI wrongful death case, we secured $4,300,000 for a family who lost their loved one in a fatal drunk driving crash. If you’ve experienced a similar case, contact Todd Miner Law to pursue the justice and compensation you deserve.
Can Families Pursue Both Survival and Wrongful Death Damages?
Yes, you can pursue both a wrongful death claim and a survival action at the same time in Florida. Each claim serves a separate legal purpose and addresses a different type of loss related to your loved one’s death. However, Florida law does not allow you to receive compensation from both if the case goes to trial.
If the case reaches trial, the personal representative must choose which claim to move forward with. The court only allows recovery from one to avoid duplicate compensation. Still, filing both claims early in the process often strengthens your position during settlement negotiations. This gives your lawyer flexibility to seek the most favorable outcome for your family.
How Long Do You Have to File a DUI Wrongful Death Claim?
You have two years from the date of the fatal accident to file a wrongful death claim. This deadline is set by the Florida Wrongful Death Statute (§ 95.11(4)(d)). If you miss this deadline, the court may dismiss your case. As a result, you can’t recover compensation or hold the at-fault driver responsible for your loss and your family’s damages.
In addition, filing your claim early gives your attorney time to gather strong evidence against the at-fault driver. This includes police reports, toxicology results, and witness statements while details are still fresh. Early action also helps preserve video footage, phone records, and crash scene data before they disappear. By acting quickly, you improve your chances of seeking justice and getting a higher wrongful death settlement.
What If the Drunk Driver Also Died in the Crash?
If the at-fault driver died in the car crash, you can still file a wrongful death claim against their estate or insurance company. Florida law allows you to seek compensation from the driver’s remaining assets or available coverage. Their death does not limit your right to seek full damages for your family’s loss. Your attorney will review all possible insurance options to recover the maximum wrongful death settlement.
For example, if the drunk driver carried bodily injury liability, it may cover your family’s losses directly. If their policy includes umbrella coverage, it can provide extra funds when standard limits are too low. However, if no active coverage exists or the limits are exhausted, your attorney may seek compensation through your uninsured or underinsured motorist policy. This step ensures no financial source is overlooked in your case to seek justice.
How Is Compensation Calculated After a Fatal DUI Crash?
Compensation is calculated by analyzing the deceased person’s age, health, earning capacity, and expected working years. Younger individuals with steady income and a consistent work history often lead to higher claims. Your lawyer will also calculate the value of lost income, such as health insurance, retirement plans, and pensions, that the person would have earned.
Attorneys also use economic experts to project future income based on profession, education, and expected promotions. They subtract estimated personal expenses to determine the net loss to the family. They also assign value to services the deceased provided at home, like childcare or financial support. This detailed analysis ensures your family receives fair and full compensation for the long-term financial impact.
Todd Miner Law Can Help You Recover Damages in a DUI Wrongful Death Claim — Get a Free Consultation!
After losing a loved one, the devastation, grief, stress, and shock can leave you emotionally and financially drained. In the middle of this pain, taking legal action can feel impossible. Therefore, it’s essential to have a trusted legal team that can gather essential evidence to protect your rights and maximize your compensation.
At Todd Miner Law, our experienced attorney investigates every DUI fatality with urgency and precision. Our team gathers police reports, toxicology results, and expert testimony to build a powerful claim. We analyze insurance coverage, uncover all liable parties, and calculate your full losses. Call us at 407-894-1480 for a free consultation or visit us at 915 Outer Rd, Orlando, FL 32814, United States.
FAQs
Can I Still Recover if the At-Fault Driver Had Limited Insurance?
Yes, you can still recover compensatory damages even if the at-fault driver had limited insurance coverage. In addition, you may recover through your own uninsured or underinsured policy. This can support your personal injury case and help your family recover lost income and emotional support after the crash caused harm.
Are There Caps on Wrongful Death Damages or Punitive Damages?
No, Florida does not cap non-economic damages in most wrongful death cases, even when a drunk driver kills someone. However, the law does limit punitive damages in many civil lawsuits. In addition, the jury may increase damages when they determine the at-fault party acted recklessly and assign legal responsibility. You must take immediate legal action to protect your rights.
What Is the Average Wrongful Death Settlement in a DUI Crash?
The average wrongful death settlement in a DUI crash ranges from $500,000 to over $5 million, depending on the case. Settlement value often increases when the fault is clear and the damages are well documented. Moreover, your claim may include medical expenses, funeral costs, and income losses. A family member may sue to recover these losses and protect their financial future.
How Do Insurers Handle Wrongful Death Claims?
Insurance companies often delay wrongful death claims to pressure families into accepting less than they deserve. Some insurers rush to settle before families know the full extent of their damages. They reduce payouts by taking advantage of families during emotional and financial stress. Therefore, you need an experienced attorney to handle a wrongful death claim.
What if the DUI Driver Was Underage or a Minor?
If the DUI driver was underage, Florida law still allows you to file a claim against them. The minor may face a DUI charge if their BAC is 0.02% or higher. The court can suspend their license and order them to complete an alcohol program. In some cases, the court may also hold their parents or guardians legally responsible.
How Are Settlements Distributed Among Family Members?
In Florida, the spouse has priority in receiving a share of the settlement. If no spouse survives, the legal right to compensation passes to the surviving children. However, if no children exist, the parents of the deceased may receive compensation. In addition, other financially dependent family members may also receive a portion. The court reviews all claims and approves a fair distribution based on each person’s loss.
