When a fatal Florida car accident occurs, there will be additional types of damages apart from what is typically awarded in other cases. Fatal crash claims are still generally filed under a theory of negligence, but there can also be a wrongful death component which allows for additional damages. In our state, there is a specific wrongful death act that is governed under Section 768.16 and the several sections that follow of Chapter 768 of the Florida Statutes. One of the more important components of the Wrongful Death Act that provides for the ability to file such an action can be found in Section 768.19.
Specifically, Section 768.19 provides that if a person could otherwise bring a negligence case against a person under the laws in Florida, and the alleged negligent act resulted in a death, the plaintiff may bring a wrongful death action. Continue reading →