Can I Sue If My Mother Dies in an Accident? Filing a Wrongful Death Claim in Florida

The loss of a mother is a profound and life-altering tragedy, especially when caused by someone else’s negligence or misconduct. In Florida, family members have the legal right to seek justice and accountability through a wrongful death claim. This process not only holds the responsible parties accountable but can also provide financial relief for the losses your family endures.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the overwhelming grief that follows losing a loved one. Our dedicated attorneys are here to guide you through this difficult journey with compassion and expertise. Contact us at 305-638-4143 or complete our online form for a free consultation.

Understanding Wrongful Death Claims for Mothers in Florida

A wrongful death claim is a civil lawsuit brought against a person or entity whose actions or negligence caused the death of another. In Florida, these claims are governed by Florida Statutes § 768.16–768.26, also known as the Florida Wrongful Death Act.

When a mother’s death is caused by wrongful actions, certain family members, including adult children, spouses, or other dependents, may have the right to pursue a claim. The claim must be filed by the personal representative of the deceased’s estate on behalf of the family. This legal action seeks to hold negligent parties accountable while securing financial compensation to support those left behind.

What Damages Can Families Recover?

A wrongful death claim seeks to address the financial and emotional impact of the loss. In Florida, recoverable damages include:

• Medical Expenses: Any healthcare costs incurred before your mother’s passing, such as emergency treatments, hospital stays, or medications.
• Funeral and Burial Costs: The necessary expenses to provide a proper farewell.
• Loss of Support: Compensation for the financial contributions your mother provided, including lost wages and future earnings.
• Mental Pain and Suffering: Acknowledgment of the emotional anguish caused by losing a beloved parent.
• Loss of Companionship: The value of the guidance, care, and emotional support a mother provides to her family.

Every family’s situation is unique, and the exact damages you may recover depend on the circumstances surrounding the case.

Steps to File a Wrongful Death Claim for Your Mother in Florida

Pursuing a wrongful death claim involves several important steps. At Flanagan & Bodenheimer, we will guide you through every phase of the process:

1. Appointing a Personal Representative: A wrongful death claim must be filed by the personal representative of your mother’s estate. If she did not appoint one in her will, the court can appoint one on her behalf.
2. Gathering Evidence: This critical step involves collecting medical records, accident reports, witness statements, and expert testimony to prove negligence or misconduct.
3. Filing the Lawsuit: In Florida, wrongful death claims must be filed within two years of the date of death under the statute of limitations.
4. Negotiating or Litigating: Many wrongful death claims are resolved through settlements, but if necessary, the case can proceed to trial to ensure justice is served.

Common Scenarios Leading to Wrongful Death Claims for Mothers

Wrongful deaths can result from a wide range of incidents. Some of the most common causes include:

Motor Vehicle Accidents

• Car Accidents: Often caused by negligent or reckless drivers who are distracted, intoxicated, or speeding.
• Pedestrian Accidents: Vulnerable pedestrians are at high risk when drivers fail to yield or obey traffic signals.
• Truck Accidents: Large commercial vehicles can cause fatal injuries due to driver fatigue, improper maintenance, or negligence.

Medical Malpractice

• Death During Delivery of a Child:  We have handled several cases involving mothers who have died during childbirth or shortly after childbirth as the result of medical malpractice.
• Misdiagnosis or Delayed Diagnosis: Failure to identify critical conditions such as cancer, infections, or heart disease in time to save the patient.
• Surgical Errors: Mistakes during procedures, such as leaving surgical tools inside the body or operating on the wrong site.
• Medication Errors: Administering the wrong drug or incorrect dosage with fatal consequences.

Premises Liability

• Slip-and-Fall Accidents: Unmarked hazards, such as wet floors or uneven surfaces, can lead to fatal injuries.
• Unsecured Pools or Balconies: Failing to secure dangerous areas can result in preventable tragedies.

Acts of Violence

• Domestic Abuse: Tragic losses often result from physical violence in domestic relationships.
• Criminal Behavior: Shootings, stabbings, or other violent acts caused by negligent security measures.

Other Negligent Acts

• Workplace Incidents: Fatal accidents on job sites due to unsafe conditions or equipment.
• Defective Products: Faulty designs or manufacturing errors in products like vehicles, appliances, or medical devices.

Why Choose Flanagan & Bodenheimer?

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are dedicated to providing the highest level of legal representation. Here’s what sets us apart:

• Exclusive Focus on Personal Injury and Wrongful Death: By specializing in these cases, we bring unmatched expertise and attention to detail.
• Small Caseloads, Personalized Attention: We intentionally limit the number of cases we take on to provide every client with individualized care and direct access to their attorney.
• Proven Results: Our firm has recovered millions for grieving families, even in the most complex cases.
• Compassionate Advocacy: We understand the depth of your loss and will fight tirelessly for justice and accountability.
• Contingency Fee Basis: You pay nothing upfront; we only get paid if we win your case.

Free Consultation with a Florida Wrongful Death Lawyer

Losing a mother is an indescribable loss. At Flanagan & Bodenheimer, we are here to help you navigate the legal process with care and compassion. Our team is committed to seeking justice for your family while providing support during this difficult time.

With offices in Coral Gables and Hollywood, we proudly serve families throughout Florida. We also offer virtual consultations to meet your needs wherever you are.

Call us today at 305-638-4143 or complete our online form to schedule a free consultation. Let us be your advocate in this fight for accountability and healing.