Losing a Loved One in a Truck Crash? You Do Not Have to Carry the Legal Questions Alone

Truck Accident Wrongful Death Lawsuit in Florida: Who Can File and When

Responsible lawyer: Igor Hernandez, CHG Personal Injury Lawyers, Florida

When a Family Loses Someone in a Truck Crash

A Florida truck accident wrongful death lawsuit is brought by the personal representative of the deceased person’s estate, for the benefit of the family.

If someone you love died in a crash with a large truck, your days may be filled with funeral plans, insurance calls, and hard questions. You may be searching this page for a parent, a spouse, or a child. That is a heavy thing to carry.

This page answers four questions. What is a wrongful death claim? Who can file it? Who may be responsible? When does the deadline apply? It explains Florida law in general terms. Every family’s facts are different, so the details of your loss will shape what comes next.

What a Wrongful Death Claim Means in Florida

A wrongful death claim is a lawsuit a family can bring when another person’s wrongful act or negligence causes a death. Lawyers use the term “wrongful death” for this kind of case. Florida’s rules sit in the Florida Wrongful Death Act, which covers sections 768.16 through 768.26.

The claim is different from an injury lawsuit the person could have filed. If that person had survived, they could have sued for their own injuries. Under § 768.20, that personal injury case does not continue after death. The family’s claim goes forward under the Act instead.

Families often compare this to a car crash claim. The Florida wrongful death car accident guide covers the same basic idea for crashes involving passenger vehicles.

Who Can File a Florida Wrongful Death Lawsuit

The personal representative of the deceased person’s estate files the lawsuit. Under § 768.20, this person brings the action and recovers for the survivors and the estate.

Often it is a spouse, an adult child, or another close relative. The appointment runs through probate, and that process takes time.

If no one has been named yet, start that step promptly. The family’s wishes and input matter. The personal representative acts for the whole family, so talk openly about what everyone wants. Bring your lawyer into those conversations early.

Which Family Members Can Recover Under Florida Law

Florida law names the people it calls “survivors.” These include the spouse, the children, and the parents. Under § 768.18, blood relatives and adoptive brothers and sisters can also count when they depended on the person who died for support or services.

Florida defines a “minor child” as a child under 25, regardless of the age of majority. Dependence matters. How each family member relied on the deceased person can shape which losses apply.

Parents have their own rule. Under § 768.21, each parent of a deceased minor child may recover for mental pain and suffering.

The estate has its own claim for certain losses and expenses. The lawsuit must also name every potential beneficiary and explain each person’s relationship to the deceased. Blended families, stepchildren, and adult children can raise questions, so the facts of each family matter.

Who May Be Responsible in a Fatal Truck Crash

A truck accident wrongful death lawsuit can name more than one party. The driver is one possibility. The trucking company or employer may also share responsibility. So might the truck’s owner, a company that maintained or inspected the truck, or a company that loaded the cargo.

Delivery work adds more layers. A delivery company may run vans or trucks under contract for a large online retailer. A crash can then involve the driver, that contractor, and the company that arranged the route. A claim may be directed at several of these parties.

Responsibility is decided through investigation and records, not assumed from the crash scene.

Government involvement changes the rules. Florida’s sovereign immunity statute, § 768.28, waives immunity only to the extent it specifies. Claims against state or local agencies follow special limits.

When a Florida Wrongful Death Claim Must Be Filed

Under § 95.11, an action for wrongful death falls within the two-year group of time limits.

Deadlines apply to every case. Missing one can end the claim. Do not wait to ask questions, and do not try to guess the dates on your own.

Starting early also helps. Evidence can become harder to gather over time. Parties must be identified. A personal representative must be appointed. Each step takes time, so a prompt conversation with a lawyer matters. A lawyer can review your loved one’s dates and explain what applies.

What a Florida Wrongful Death Claim Can Seek

Survivors can seek the value of lost support and services. That means what the person who died provided in money, household tasks, and care. Under § 768.21, the claim covers losses from the injury to the date of death, plus future losses after death, reduced to present value.

A surviving spouse may also recover for loss of companionship and protection, plus mental pain and suffering. Minor children, and all children of the decedent (including adult children) if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance, plus mental pain and suffering.

The estate’s claim is separate. The personal representative may recover the deceased person’s lost earnings from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Medical and funeral expenses can also be recovered. A survivor who paid those costs may recover them, and the estate may recover them when they became a charge against the estate or were paid on the decedent’s behalf, excluding amounts recoverable by the survivor who paid them.

Many families ask how much a case is worth. The answer depends on the facts. These include the age and earnings of the person who died, family relationships, and the evidence of fault. No one can set an amount for a specific family before the facts are known.

Settlement, Trial, and Why Outcomes Cannot Be Predicted

A settlement is an agreement reached before trial. A verdict is the decision reached at trial. Either path depends on the facts, the evidence, and the court.

No lawyer can predict how a particular case will end. Results in other cases do not predict the result for your family. Some factors do affect how trucking cases move forward. These include how quickly evidence is preserved, how clearly fault is documented, and how many parties are involved.

Florida’s fault rules also matter. Under § 768.81, the court enters judgment against each liable party based on that party’s percentage of fault, not on joint and several liability. The same statute says a party found greater than 50 percent at fault for their own harm may not recover any damages. That rule does not apply to medical negligence claims under chapter 766.

Court approval can also be required. While a wrongful death action is pending, a settlement as to amount or apportionment among the beneficiaries that a survivor objects to, or that affects a minor or incompetent survivor, is not effective unless the court approves it, under § 768.25.

Evidence That Matters in a Fatal Truck Crash Case

Early on, families should keep the police crash report, photographs, and the names of any witnesses. Notes about the vehicle’s damage and where it came to rest also help. These items can be harder to gather later.

Trucking records matter too. Under 49 C.F.R. § 395.8, a motor carrier must keep records of duty status and supporting documents for at least six months from the date of receipt. Under the same rule, no driver or motor carrier may tamper with an electronic logging device so that the device does not accurately record and retain required data.

A driver’s qualification file is another key record. Under 49 C.F.R. § 391.51, a carrier keeps that file while the driver is employed and for three years after.

Records can be kept in more than one form. Under 49 C.F.R. § 379.7, records may be preserved by any technology that accurately reflects the information and stays accessible for later reference.

A preservation letter sent early asks the trucking company to keep these records so they are not lost. Accident reconstruction professionals can analyze the crash. Trial witnesses can explain what they saw. The family does not have to gather all of this alone.

Talking With a Lawyer About a Loved One’s Truck Crash

Families can talk with a lawyer about a truck crash death while they still handle funeral plans and paperwork. You may be a sibling helping a parent, or an adult child helping a surviving spouse. You do not need legal knowledge to ask the first question.

Igor Hernandez, responsible lawyer at CHG Personal Injury Lawyers, can review the facts of your loss. The first consultation is free, confidential, and carries no obligation to continue. CHG charges no attorney’s fees and no case costs unless there is a recovery.

Frequently Asked Questions