Vehicle accidents that result in someone losing their life cannot be expected or planned for. The reality is, with modern-day life, people are using the roads more than ever, and vehicle accidents are inevitable. If you are lucky, you will only sustain minor injuries in a car accident, but sometimes fatalities occur. Losing a close relative unexpectedly in a car accident is traumatic enough without having to deal with the financial implications and legalities of the situation.
Compensation may be the last thing on your mind after a car accident, especially if you have to deal with the loss of a family member. However, it is likely someone is liable for this loss, meaning you could be owed thousands of dollars in compensation.
At The Law Place, we have over 75 years of experience. Our firm can provide you with the best car accident lawyers in Palmetto, Florida. If a loved one has died due to a car accident, then do not hesitate to contact The Law Place. We will provide you with a free consultation to find out if you have a case, so call today.
Our office is open 24 hours a day, 7 days a week, book a consultation today and let us get you the compensation you are owed!
How Do Car Accidents Occur, Palmetto, Florida?
Vehicle accidents are the cause of many injuries and deaths in Florida. According to the Florida Department of Highway Safety and Motor Vehicles, there were 5,585 reported car accidents, and 65 of these resulted in fatalities in 2020. Although Florida has many laws in place throughout the state to make roads safer, due to human error, it is impossible to eliminate all possibility of car crashes.
A vehicle accident can take place for many reasons, but many common causes of road accidents are attributed to driver distraction, such as fatigue, mobile phones, and other passengers.
Another main reason for car accidents is reckless driving. In the State of Florida, driving under the influence of drugs and alcohol is one of the leading causes of auto accidents.
Situations in which a fatality was avoidable if the other driver had been following the rules of the road are very hard for families to deal with. Due to this, the driver liable for the accident will face heavy penalties, and your family may be owed compensation.
No matter the cause of the accident, it is highly recommended that you seek legal advice in any situation in which you have lost a relative, especially due to a road accident. Contact an injury lawyer today to find out how much you are owed!
Who Can Be Liable for Car Accidents Resulting in Fatality?
When claiming for the death of a relative as the result of a car accident, someone has to be proved liable for this death. It may be obvious to you that the accused party is liable. However, this needs to be proved legally. This is where qualified injury lawyers come in.
In order to receive compensation, it needs to be proved that the car accident was caused due to the other driver’s negligence. This may vary in difficulty depending on the case in question. Sometimes several parties can be at fault for a car accident, and car accident lawyers can help pinpoint who exactly was responsible.
The following may be held accountable:
- Another driver – More often than not, drivers are responsible for car accidents. A driver may be held liable for the death of a person on the road if they were found to be driving recklessly or drunk driving.
- Car manufacturer – A car manufacture may be held liable for a fatality in a car accident if parts of the car itself were found to be defective or faulty and they had not been tampered with after the vehicle was sold to you. This is usually rare as vehicles go through strict health and safety standards, but it cannot be ruled out.
- Mechanics – An individual mechanic or garage can be held responsible for the death of a person in an accident if the mechanic did something to parts of your car or did not fix something that made the car unsafe or dangerous to drive.
- A governing body – Local councils and governing bodies are held responsible for the conditions of roads and their maintenance. If an accident was caused by road conditions that had not been maintained properly, then a governing body may be held responsible.
If you have lost someone in an accident and think there was someone responsible, you should contact The Law Place right away to speak to a personal injury lawyer.
How to Claim for Wrongful Death, Palmetto, Florida?
If you have lost someone in Palmetto, Florida, in a tragic car accident, then the legal process in which you would claim for compensation is called a Wrongful Death Action. Florida Statute 678.21 states that a member of the deceased’s family can start the process of claiming.
It is important to remember that not just anyone can make a case for wrongful death. The request has to be made by a family member. This is usually the person closest to the deceased and someone who depended on them financially. This tends to be a spouse, parent, or child. Other blood relatives can claim, but it has to be proven that said person was dependent on the deceased.
It can be that the family member who passed had a will in place to lay out their affairs in the event of their death. This might state a person who they wanted to be their legal representative after death. However, due to the unexpected nature of car accidents, it is often the case that the person who died may not have made a will, in which case it will be up to a family member to choose who will be the legal representative of the deceased or, in some cases, they may be court appointed.
Our law firm understands how complicated and stressful claiming may seem, especially after losing a relative. This is why, at The Law Place, we take care of all the legalities on your behalf, as Florida law can be complex, and without assistance from an attorney, the process can be overwhelming.
What Will the Claims Process Look Like?
All claims are unique, and we recognize no two incidents are the same. Despite this, wrongful death claims usually follow the same process. Once you have contacted an injury lawyer from The Law Place for your free consultation, it will be decided by the injury lawyers if they think you have a case worth pursuing.
If it is decided that an attorney will take your case, then the next step will be to have another meeting with your lawyer to talk more in-depth about the events of the accident. In this discussion, there will be information on expected timeframes, fees, how much you may be awarded, and what the best next steps to take are.
You may have to collect relevant evidence and documents to prove the death of your loved one. However, your personal injury lawyer will take care of this for you and act as your legal advocate so you can focus on grieving.
Will I Have to Go to Court?
Usually, with wrongful death claims, you will not have to attend court, which is usually welcomed by victims, as attending court can be stressful and traumatizing if you have just lost a close family member.
Most wrongful death claims are handled by your injury lawyers and the insurance companies involved, and both parties will try to come to a settlement amount they deem fit. This will depend on the specific circumstances of your case. Once an agreement has been reached, your lawyer will finalize the settlement when you are both happy with the amount.
It is urged to never sign any documents from an insurance company without your own lawyer present. This is because insurance companies will try to offer you a quick payout to tempt you to take the money they are offering you. However, this amount is usually substantially lower than what you could be owed. Do not be tempted to take this before discussing with a lawyer how much you could potentially receive.
What Compensation Can You Claim After a Fatal Car Accident?
There are several different damages you can make claims for after the loss of your family member. It may even be the case that you yourself were injured in a car accident alongside the deceased.
At The Law Place, we understand that no amount of money is going to bring back your lost family member. Our injury attorneys are extremely sensitive and have a lot of expertise in dealing with cases sensitively. Our injury attorney knows exactly what you are entitled to in the event someone is killed in an accident. For example, you can make claims for the following:
- Medical expenses – Medical treatment can be costly, and you should not have to pay for this. You are entitled to reimburse any medical expenses the deceased underwent before they died. This may be anything from ambulance charges to medical treatment when in hospital.
- Loss of wages – If the deceased was the main source of income in your household, you would be entitled to compensation for loss of wages as a way of alleviating future financial strain on your family.
- Pain and suffering – You are entitled to compensation for any pain and suffering from the loss of your family member, be it emotional, psychological, or physical harm.
- Wrongful death – There is nothing more unfair and unjust than losing someone you care about before their time. Because of this, you are entitled to compensation for the death itself. This can cover costs such as the funeral and loss of consortium.
When to Make a Wrongful Death Claim, Palmetto, Florida
It is important to remember that in Palmetto, like all counties in Florida, there is a time frame in which you have to make your wrongful death claim. Set out by the Florida Statute 95.11, you have to make your case within 2 years of the day you lost your relative. This is significantly less time than if you were making a personal injury case.
Your accident attorney will strongly suggest making your case as soon as possible, as the longer you wait, the less impactful your case may be. If you wait a long time, it may be hard to collect evidence, find witnesses, and both your memory and the memory of the witnesses may have faded from the time of the crash. By claiming as soon as possible, you are increasing your chances of getting the highest amount of compensation owed to you.
The second reason not to waste time when claiming is that the accused party of your loved one’s death will have a legal team working on their defense, and insurance companies will be working fast to reduce their liability so that they can pay as little to you as possible. It is therefore important not to waste time. Contact The Law Place today to get the ball rolling!
Contact The Law Place Today!
The Law Place believes no one should have to deal with any extra stress when it comes to losing a close family member. Nothing will bring back the victim of a traffic accident, but we at The Law Place can deal with the complex legal aspects of the death and help you in getting you the maximum amount of compensation.
Call The Law Place today for your free consultation with a Palmetto accident attorney today! Phone lines are open 24/7.