The death of a loved one is often the most difficult experience of a person’s life. Any death can induce lifelong pain and grief. But when a loved one dies suddenly and unexpectedly, the loss can be much more acute, as an abrupt end to that relationship leaves no chance to say goodbye. Moreover, in a situation where the death appears to be caused by another, even if it was an accident, it is natural for a person to become angry. The best course of action in this situation is to consult with a lawyer regarding a potential wrongful death claim. Although money damages will never fill the void left from a sudden passing, it can help alleviate the financial loss associated with death.
Good Samaritan Struck and Killed in Marion County
According to a report by News 13, an Ocala man acting as a Good Samaritan on Thanksgiving was hit and killed by a vehicle on County Road 484. The 42-year-old man had gotten out of the vehicle driven by his girlfriend to help the victims of an unrelated crash on the same road. During his efforts to help, the man was struck by another car, and later died of his injuries. The report indicates that the driver of the car that struck the Good Samaritan was cooperating with the police, but that the investigation was ongoing.
Wrongful Death Actions are Available to Compensate Grieving Survivors
Stories involving tragic death on a family holiday strike at the human heart and remind us that life is precious and fleeting. While there is no clear indication of fault in this sad story, it is possible that the other driver is liable for the Good Samaritan’s death. In other sudden-death situations, fault is more clearly established, creating the possibility for a wrongful death action.
To initiate a wrongful death action in Florida, certain statutory requirements must be met. For instance, a beneficiary of the deceased victim must be appointed as the personal representative. This personal representative is then able to bring a lawsuit to recover on behalf of the victim’s survivors and estate. Importantly, even if the person at fault has died, perhaps in the same accident, it is still possible to bring a wrongful death action. Such actions are brought against the wrongdoer’s estate.
Florida law allows for recovery for specific types of loss related to wrongful death. Funeral and medical costs paid by a survivor are recoverable, as are losses that are not directly associated with financial expenditures. For example, survivors are able to recover for the lost value of support, services, and income that the deceased would have provided in their lifetime. Moreover, a spouse can recover for the loss of companionship and the mental pain and suffering caused by the tragedy. Likewise, surviving children can recover for the loss of companionship and pain and suffering, as well as for the loss of the instruction and guidance that a parent provides.
Our firm understands the extraordinary levels of grief and pain associated with the loss of a loved one. We also understand how difficult it can be to take any steps away from that pain, such as by seeking to recover through a wrongful death action. At the same time, it is imperative that you speak with a lawyer before agreeing to any settlement offers, as the well-being of you and your family might depend on the amount of damages you receive.
The Brandon attorneys at Reed & Reed have significant experience seeking justice for surviving family members through wrongful death cases. Put our experience and dedication to work for you and your family in this trying time. From our office in Brandon, we help clients in Tampa, New Tampa, Plant City, East Hillsborough County and throughout the state of Florida. Contact Reed & Reed for a free consultation.
