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A Drunk Driver Killed My Family Member. Can I Sue for Wrongful Death?

From January through November 2024, drunk driving killed nearly three people each week in Florida, totaling 146 deaths[1]. Not only did these 146 individuals lose their lives, but their family members have had their lives irreversibly thrown into disarray – spouses are now widows and widowers, children are missing parents, and parents are going through the unthinkable horror of burying their own children. If a drunk driver killed your loved one in South Florida, the compassionate attorneys at ECanter Lawyers can help you to secure compensation to offset the financial burden of their untimely death.

The family members who are eligible to receive compensation for a loved one’s wrongful death include the decedent’s:

• Spouse
• Minor children (if the child was born out the wedlock, the child can receive compensation if the mother is the decedent. The child can receive compensation if the father is the decedent if the father supported the child during his life)
• Adult children (if there is no surviving spouse)
• Parents of a minor child
• Parents of an adult child (if there is no surviving spouse)
• Dependent relatives

These individual family members cannot directly file a wrongful death lawsuit through, the Personal Representative of the decedent’s estate is the person who contacts an attorney and represents all of the family members seeking compensation in the lawsuit. The eligible family members can seek compensation to cover:

• Funeral and burial expenses
• Loss of future income
• Loss of future accumulations (how much money the decedent would have accumulated in their lifetime if they had not been killed)
• Loss of companionship, protection, and guidance
• Pain and suffering

The amount of compensation you can receive is based on several factors, including the decedent’s age, occupation, family size, share of fault in the accident, value of the economic damages, and value of the drunk driver’s insurance policies. Generally, families are able to secure more compensation for an adult family member rather than a child since the child did not financially contribute to the family. Sadly, if the drunk driver was uninsured, you may not be able to collect any significant amount of compensation.

It’s very important to remember that even if the drunk driver is found guilty in a criminal court, you still need to file a civil lawsuit for wrongful death to secure compensation. Dealing with the emotional burden of a loved one’s untimely death is hard enough, let us help you manage the financial burden. Contact ECanter Lawyers for a free case evaluation to understand your legal rights if a drunk driver killed your loved one.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

Boca Raton | West Palm Beach | Coral Springs | Ft. Lauderdale | Miami 

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[1] Florida Department of Highway Safety and Motor Vehicles. Crash Dashboard – Florida Department of Highway Safety and Motor Vehicles. Accessed December 5, 2024.