Losing family is hard enough, and with the added shock of an untimely and unexpected accident, such as a car crash, it is not something we hope anyone ever has to go through. However, a car accident can happen to anyone at any time.
If you lose a family member in an accident, you do not want the added strain of financial problems when you should be grieving. At The Law Place, we don’t believe you should have to worry about how to pay the utilities or mortgage/rent after losing a loved one. We have some of the best car accident lawyers in North Port, FL., who can get you the compensation you are owed if you have lost someone in a tragic car accident in the last two years.
Whoever is liable for your pain and suffering will owe you compensation – and there is usually always someone liable. Without legal advice, this could be difficult to navigate on your own, especially after losing someone. Contact The Law Place today for a free consultation today. Reach us 24/7 and let us handle the legal side of your loss.
What Exactly Are Fatal Car Accidents and How Do They Come About, North Port, Florida?
The road is a very dangerous place, and in the State of Florida, there were 3,185 fatalities due to car crashes in 2019, according to the Florida Department of Highway Safety and Motor Vehicles. Florida has many measures in place to ensure the roads are a safe as possible. However, car accidents cannot always be prevented due to human error.
Most car accidents in North Port, FL., are the fault of a driver, be it you or another driver. This usually is down to the driver being distracted. Common distractions for someone driving a vehicle include other people, mobile phones, and even what’s going on outside your window. An accident may also occur due to someone being tired. However, the most common cause for drivers to crash and potentially kill someone is driving under the influence of either drugs or alcohol. A lot of the time, it can be the case that the fatal car accident was avoidable, which makes the loss of a loved one all the more difficult. No matter the cause of the car accident, if your loved one lost their life, then you could be owed a large amount of compensation.
If you have lost someone in a car accident, you will need qualified accident attorneys to get what you are owed. We at The Law Place, know that money won’t heal the pain and trauma you have had to go through, but the North Port car accident attorneys at our law firm are versed in dealing with wrongful death sensitively, quickly, and skillfully to get you as much compensation as possible.
Proving Liability in a Fatal Car Accident, North Port, FL.
To receive compensation for the death of a family member or loved one, it first has to be proved that the fatality in question was caused by the other party’s negligence. This can vary in difficulty depending on the circumstances surrounding the car accident. It may be very obvious that the other accused party was at fault, or the situation may be more complex. Regardless, a personal injury attorney from The Law Place can help you.
For someone to be held liable for an accident it has to be proven that the accused party had a duty of care towards you and that this duty of care was broken somehow.
Several people could be held liable for the car accident that caused you to lose a loved one:
- Another driver – If another driver was driving recklessly, breaking the rules of the road, or driving under the influence of drugs or alcohol, and this caused a fatality, then this person will be liable for the death in question.
- Car manufacturer – It could also be the case that the accident was not the fault of the driver, but rather there was an underlying problem with the motor vehicle. If this is the case, then your personal injury lawyer may try to take the manufacturer to court.
- Mechanics – The accident may have been caused by a mechanical failure or problem with the vehicle that was caused by the actions of a mechanic who worked on the car in question. Examples include faulty seat belts, airbags, or brakes. Your personal injury lawyer may decide to take the garage who carried out the work or mechanic themselves to court, depending on the technicalities of insurance coverage.
- Governing body – An example of when a governing body may be held liable is if there was a pothole or structural issues with the road that caused the accident.
How to File a Wrongful Death Suit in North Port, FL?
If you have lost someone in North Port, Florida, due to a car accident, then you can seek rightful compensation through a Wrongful Death Action.
The first thing you probably want to know is who exactly can claim. According to Florida Statute 768.21, a claim can be made by a member of the deceased person’s family. This is usually someone who was dependant on the deceased, such as a partner, children, or parent. Other family members such as siblings or other blood relatives would need to prove that they were dependant on the family member who has passed in order to claim.
If the deceased person has made a will, they may have stated in this will that a legal representative can also file a claim. If the deceased did not state this in their will, then it will be up to the family to choose who the legal representative will be. Often with car accidents, due to the unpredictable nature of the fatality, the deceased may not have had a will prepared.
The process of claiming for wrongful death can be complex, but with a personal injury lawyer from The Law Place, you can leave the legal stuff to us. You can contact our office 24 hours a day, seven days a week, for a free consultation.
The Process of Filing a Claim
After contacting The Law Place, you will receive a free consultation with one of our personal injury lawyers, where we will figure out if your case has a valid claim. If so, we will assign an attorney that best fits your case, and you can talk over your case at greater length.
Your attorney will discuss timeframes, fees, legal options, and the smaller details of your case. Your legal attorney will become your advocate and deal with legal proceedings on your behalf, so you can focus on what really matters, your loved ones left behind.
Fortunately, most personal injury and wrongful death claims do not go to court. Most are settled with the insurance companies themselves, so you do not have to appear in court, which we know can be stressful and traumatic when you have lost a loved one. If your attorney is happy with the amount you have been offered and you are too, then the process will be over.
It is recommended to never sign forms from insurance companies without legal assistance, especially if the insurance company was quick to offer you a payout, as it likely means they have offered you substantially less than what you deserve. Do not be tempted to accept because it may seem quicker. At least wait until you have contacted a lawyer to see how much they think you could get.
What Compensation Is Available to You After a Fatal Car Accident?
There are a number of different damages you can claim when you have lost a loved one. No amount of money will bring back your loved one, but compensation can help pay for medical expenses, lost wages, and funeral costs. Financial strain shouldn’t be something that makes the loss of a loved one any worse than it already is.
You can make claims for the following:
- Medical expenses – Medical treatment in the USA is expensive. You can claim for any medical expenses that were required after the car accident, such as ambulances and medical treatment the deceased underwent before they died.
- Loss of wages – It is often the case that the deceased may have been the main source of household income or at least partly responsible for household income. This means you can claim for any loss of wages that your family may then experience as a result of your lost loved one.
- Pain and suffering – This may seem obvious, but if you experienced any pain or suffering due to the untimely departure of your loved one, then you can claim for this too.
- Wrongful death – You can also claim for the wrongful death itself and the after-effects of this loss. There is nothing more horrible than to lose someone before their time. This covers many quantifiable things such as the funeral costs themselves and less quantifiable aspects of the loss, such as loss of consortium.
When Should You Make Wrongful Death Claim, North Port, FL?
In North Port, Florida, you have to make your wrongful death claim within a certain period of time. According to Florida Statutes 95.11, you have to make your claim within two years of the day you lost your loved one. This is less than personal injury claims, where you have four years to make a claim.
Although you have two years, car accident attorneys will always suggest getting your case started as soon as possible. This is usually due to collecting evidence. Your lawyer will want to collect as much evidence as possible so that you receive as much compensation as possible. The quicker you act, the more reliable and better quality your evidence will be.
It is also important to make your claim quickly, as the insurance company in question will be working to limit their liability and pay out as little as possible. So to avoid them getting a headstart, schedule a free case evaluation with The Law Place today!
Contact the Law Place Today!
At The Law Place, our lawyers have over 75 years of expertise in many practice areas, including personal injury and wrongful death claims. If you have lost someone in a North Port car accident, we are here to help you!
If you have lost a loved one in a car accident, then don’t hesitate to speak to a North Port lawyer. Although you may suffer emotionally from your loss, if you contact The Law Place will not have to suffer financially. Call today to receive your free consultation with a lawyer. Phone lines are open 24/7.