Lost someone in a truck accident in Daytona Beach? Here’s what to do

Daytona Beach, FL – Statistics show that around 80% of those killed in a truck accident are occupants of a passenger car, motorcyclists, or pedestrians. Over the past few weeks, there has been a spate of truck accidents in the Daytona Beach area that claimed the lives of three motorcyclists. All young and healthy with a bright future ahead of them. The pain such a death causes is beyond words. The family would give anything to get their precious father or son back, but, at some point, they will have to come to terms with the grim reality and think about the future. Money is no consolation in such a tragedy, but the family will need money especially if they just lost their bread-winner. 

All they can do is talk to an experienced Daytona Beach truck accident lawyer who will take care of all the legal stuff, and there are a lot of things to deal with, such as:

  • Determine liability
  • Prove negligence
  • Put a monetary value on their tragic loss
  • Deal with the insurance company
  • Prepare a lawsuit

Who can file a wrongful death lawsuit in Florida?

Under Florida statutes, it’s the personal representative or executor of the estate who can file a wrongful death lawsuit. The personal representative is selected among the relatives who have the right to recover damages in such a situation. In most cases, the family members will agree on someone to represent them all. If for whatever reason, this is not possible, the matter will be decided in probate court. 

When the personal representative files the claim, they will present a list of all potential beneficiaries.

In Florida, the statute of limitations for this type of lawsuit is 2 years from the death of the victim.

What types of damages can you recover?

A wrongful death lawsuit is very much like a personal injury claim you file after an accident. The family can recover two types of damages:

Economic damages

  • Funeral and burial costs
  • The value of the services provided by the deceased to the family
  • Lost wages (if the victim died sometime after the truck accident and was not killed on the spot)
  • Medical expenses paid by the estate if the victim was hospitalized after the crash
  • The value of earnings and benefits the victim could reasonably have been expected to retain as savings and leave as part of the estate had they lived.

Non-economic damages

  • Loss of companionship and protection
  • Mental pain and suffering
  • Loss of parental care, instruction, and guidance.

Who is liable for damages after a truck accident in Daytona Beach?

This is the main issue your Florida accident lawyers will have to deal with. They will investigate the crash to see whether it was solely the trucker’s fault or if there are other parties liable for damages.

For instance, your lawyers may decide to sue the trucking company if it turns out there was a mechanical malfunction that led to the crash. They may also sue the shipping company if there was a problem with the load or the manufacturer of a defective part. 

If you were recently injured in a truck accident in the Daytona Beach area, schedule a free consultation with an experienced lawyer at Pappas & Russell PA

Contact info

Pappas & Russell PA

213 Silver Beach Avenue

Daytona Beach, Florida 32118

Phone: (386) 254-2941


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