Losing a loved one is one of the worst traumas a person will go through. The emotional pain is even worse when the family member was killed because of an individual’s negligence. Drunk drivers are one of the main causes of Florida wrongful deaths. When a driver who is intoxicated gets behind the wheel, he or she is putting everyone on the road at risk. It is just a matter of chance if the drunk driver injures or even kills someone. Florida drunk drivers caused 1,099 fatalities and 1,007 fatal crashes in 2006, according to the most recent Florida Traffic Crash Statistics. Florida puts the legal limit of blood alcohol content (BAC) at .08. If a driver’s BAC is over that limit, then that person is driving the motor vehicle while impaired.
A Florida drunk driving accident is devastating. The surviving family members often experience severe financial hardship if the one they lost was a substantial contributor to the household income. Today, most families need two income earners to cover living expenses such as the mortgage, utilities, groceries, insurance and so on. When income is lost, the family may find themselves in a situation where bills cannot be paid. Plus, there are funeral costs and medical expenses that have to be covered. Florida law provides that drunk drivers pay monetary damages for their reckless behavior. A wrongful death case can be brought against the drunk driver who caused the accident and monetary compensation can be pursued.
David M. Benenfeld, P.A. is an experienced Florida wrongful death attorney and has successfully represented families of drunk driving accident victims. He has the knowledge and expertise to help survivors receive the maximum compensation available.
The Florida Wrongful Death Act allows for damages to be collected from the person who caused the death. Under Florida law, survivors can pursue compensation for lost support and services, loss of spousal companionship, loss of parental companionship, medical bills and funeral expenses. If a parent loses a child in a DUI accident, then that parent can recover damages for mental pain and suffering. The survivors, as defined by law, include the deceased’s spouse, children and parents. In the situation where blood relatives and adoptive siblings were dependent on the deceased family member, then they are considered survivors. A child born out of wedlock of the mother or a child who was receiving child support from the father, are also survivors.
There is a statute of limitations as to when a claim can be filed against the drunk driver, so it is imperative to seek legal advice immediately following a wrongful death. Contact the Law Offices of David M. Benenfeld for a free consultation.