Filing a Wrongful Death Claim After a Fatal Car Accident
Losing someone in a crash leaves a family with grief and, very soon, with paperwork. A wrongful death claim is how surviving family members recover what the death has cost them: lost support, final expenses and the loss of a loved one's companionship. This guide explains who is allowed to file, the steps involved and the deadline, so you know what to do when you are ready.
What happens when you reach out
- You tell us what happenedSend the short form or call. It takes about a minute, and you share only what you are comfortable with.
- A claim specialist reviews itWe look at your deadlines, the insurer or agency involved, and the records your claim will need.
- We call you backUsually the same day, to explain your options. There is no cost and no obligation.
Prefer to talk now? Call (833) 333-0905 or text 954-933-5065.
We are sorry for your loss
Share what happened when you are ready. A specialist will call to explain the family's options, at no cost.
Legal Lawsuit is not a law firm. Contacting us does not create an attorney-client relationship.
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What a wrongful death claim is
When a person dies because of someone else's negligence, such as a driver who ran a red light or was impaired, state law lets the family bring a claim for the losses the death causes. It is a civil claim, separate from any criminal case against the driver, and it does not depend on whether the driver is charged or convicted.
In most cases the claim is made first to the at-fault driver's insurer, and many are resolved without a trial. A lawsuit is filed when the insurer will not pay fairly or the deadline is approaching.
Who can file, and who benefits
This is the part that surprises most families: in many states, individual relatives do not each file their own claim. Instead, one person files on behalf of everyone.
- Who files. In Florida, the action is brought by the personal representative of the person's estate, who recovers damages for the benefit of the survivors and the estate (Fla. Stat. §768.20). The personal representative is usually named in the will or appointed by the probate court.
- Who benefits. Florida defines survivors as the spouse, children and parents, plus blood relatives and adoptive siblings who were partly or wholly dependent on the person for support or services (Fla. Stat. §768.18).
Other states use different rules; in some, close family members file directly. The first step is always to find out who has the legal right to bring the claim where the crash happened.
The claim, step by step
Get the official records
Request the crash report and, when available, the death certificate. These establish what happened and when the deadline started.
Open the estate
Where the claim must be brought by a personal representative, the probate court appoints one. This step takes time, so it should start early.
Notify the insurers
Report the death to the person's own auto insurer and to the at-fault driver's insurer. Keep every letter and the claim numbers.
Document the losses
Medical and funeral bills, the person's income and benefits, and the services they provided to the household all count. Gather pay records and tax returns.
Send a demand or file the claim
The personal representative, usually through a lawyer, presents the claim to the insurer. If it is not resolved, the lawsuit is filed before the deadline.
Approve and distribute
Any settlement is divided among the survivors and the estate under state law, and in some cases a court must approve it, particularly when minor children are involved.
Florida rules at a glance
| Rule | What it means | Source |
|---|---|---|
| Who files | The personal representative of the estate, for the survivors and the estate | §768.20 |
| Survivors | Spouse, children, parents, and dependent blood relatives and adoptive siblings | §768.18 |
| Deadline | A wrongful death action must be filed within two years | §95.11 |
| PIP death benefit | Florida no-fault insurance includes a $5,000 death benefit, paid regardless of fault | §627.736 |
Insurance that may pay
- The at-fault driver's liability insurance, up to the policy limit.
- Uninsured or underinsured motorist coverage on the person's own policy, or a household member's, when the driver had no insurance or too little.
- Personal injury protection death benefits in no-fault states such as Florida.
- Other responsible parties, such as a commercial driver's employer or a vehicle manufacturer, depending on how the crash happened.
Looking for information on wrongful death lawsuits? Our sister site TortAdvisor covers wrongful death lawsuits after car accidents. This guide focuses on how the family's claim is filed.
Common questions
Does the driver have to be convicted for us to file?
No. A wrongful death claim is civil and is decided separately from any criminal case.
Can each family member file their own claim?
In Florida, no. One claim is brought by the personal representative for all survivors and the estate. Other states may differ.
What if our loved one was partly at fault?
The claim may still be possible. Shared fault can reduce or, in some states, bar recovery, so the facts of the crash matter.
Does it cost anything to talk to someone?
No. The review is free and confidential, and the family decides what to do next.
When your family is ready
Call (833) 333-0905 any time, or send the short form. Someone will explain who can bring the claim and what comes next.
Legal Lawsuit is an information and claim-review service, not a law firm, and does not provide legal advice. Contacting us does not create an attorney-client relationship. Wrongful death rules and deadlines vary by state; confirm what applies with a licensed attorney. Legal Lawsuit and TortAdvisor are under common ownership.
