ACCIDENT CASE SUE IN AN AUTOMOBILE IN FLORIDA? When you are involved in an automobile accident, you suffer physical, emotional and financial damages

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1 CAN FAMILY MEMBERS SUE IN AN AUTOMOBILE ACCIDENT CASE IN FLORIDA? When you are involved in an automobile accident, you suffer physical, emotional and financial damages 1

2 When you are involved in an automobile accident, you suffer physical, emotional and financial damages. The party at-fault for the accident should be held accountable for your damages such as medical expenses, lost wages and pain and suffering. However, what most automobile accident victims fail to think about is that their family may have claims against the at-fault driver too. Your accident has caused your family to suffer as well. They may not be in physical pain; however, your family has suffered emotionally, financially and in other ways that may be compensable. In order to determine if your family members have a cause of action to sue in an automobile case, you should consult the experienced North Miami Beach automobile accident attorneys of Bolton & Gross. 2

3 Causes of Action for Family Members to Sue in an Automobile Accident Case There are several causes of action where family members can sue in an automobile accident case. Because each automobile accident is different, you must consult an attorney experienced in handling automobile accident cases to determine which causes of action, if any, apply in your specific situation. Wrongful Death Cases If a loved one dies in an automobile accident case, family members can sue for damages under a wrongful death action. Even though money will never replace your loved one, seeking justice from the at-fault party and holding that person accountable for his or her actions may help you find some closure. In a wrongful death action, family members can recover compensation for expenses such as: Funeral expenses Medical expenses Emotional suffering Future lost wages 3

4 Loss of companionship Punitive damages (in some types of cases) Typically, the surviving spouse has the first right to bring a wrongful death action followed by any children and then other family members if the person did not have a spouse or surviving children. To determine which family members may bring a wrongful death action, the family should consult with an experienced wrongful death attorney. Loss of Consortium Loss of consortium is a claim that may be available to certain family members when a loved one is injured in an automobile accident. The claim is for compensation for the loss of benefits of the family relationship due to the injuries suffered by the victim in the accident. In other words, the family member, typically the spouse, sues the defendant for losses he or she claims would not have otherwise occurred if the victim had not been injured in the accident. Some of the elements of loss of consortium include the loss of companionship, services, sexual relations, love, affection and instruction. Loss 4

5 of consortium is a non-economic claim meaning that it cannot be quantified with actual out-of-pocket expenses such as medical bills or lost wages. An experienced automobile accident attorney in Broward County can explain what is involved in proving loss of consortium and if you may be entitled to compensation from the defendant. Negligent Infliction of Emotional Distress A claim for negligent infliction of emotional distress (NIED) can be very complex; however, if your loved one was involved in an automobile accident that you witnessed in close proximity or you were in the vehicle with your loved one, you may be entitled to sue the defendant for damages under an NIED claim. NIED claims are very case specific and you must prove that the emotional distress manifested through the physical injury, the family member was involved in the accident by seeing, hearing or becoming present as the accident occurred and the family member suffered severe emotional distress and a physical manifestation of the emotional distress. 5

6 Because NIED claims are complex and difficult to prove, you need to contact and attorney who has extensive experience representing family members for damages related to an automobile accident involving a loved one. Family Members are Entitled to Recover Damages Too Because the facts and circumstances of each automobile accident case are different, your family members may have other causes of action that are available to them to collect compensation from the person that caused your injuries. The only way to determine the exact causes of actions that you or your family members may be entitled to bring is to meet with an experienced automobile accident attorney. 6

7 The attorneys of Bolton & Gross are committed to helping you and your family recover the compensation you deserve for your injuries. We investigate your case fully to ensure that we file claims under every cause of action available to your and your family based on the facts and circumstances of your case. Contact an Experienced North Miami Beach Automobile Accident Attorney We Make It Personal. Our Clients Are People, Not Cases The personal injury attorneys at Bolton & Gross represent clients throughout Miami-Dade County and Broward County. Contact our office at or to schedule your free consultation today. You may also use our convenient online form to contact our office for more information. Our experienced personal injury attorneys take your case very seriously and we care about your physical recovery as well as your financial compensation. We will fight to protect your rights and we will never charge you until and unless we receive a settlement for your case. Call us today and let us explain how we can help you receive compensation for your physical, emotional and financial damages. 7

8 About Bolton & Gross Richard Bolton and Mitchell Gross have been practicing together for approximately 20 years. Initially, the firm was focused on representing insurance companies, their insureds, self insureds, and Fortune 500 companies. At that point, Bolton and Gross represented these entities as defendants. We took many cases to trial on behalf of these entities as defendants. Over the years, we learned how insurance companies and self insured corporations handled their legal matters. They showed no compassion to the injured parties and would go to all lengths to win a case. This type of work left us totally unfulfilled. Approximately 10 years ago we changed the focus of our practice. We now represent, exclusively, the injured parties. We use our experience representing the defendants to obtain the maximum possible recovery for our client. At Bolton and Gross we view each case individually. We realize each and everyone of our clients are people who have different needs and different motivation, etc. We try to advise our clients as to their possible decisions and do everything we can to get them the best recovery that is consistent with their desires. Here at Bolton and Gross we provide our clients with compassionate, aggressive, and individualized representation. Bolton & Gross bglawpa.com 801 NE 167th Street 2nd Floor North Miami Beach, FL Phone: W. Oakland Park Blvd, Building B Suite 104 Sunrise, FL Phone: