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Fort Lauderdale Personal Injury Lawyers and Property Damage Lawyers

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Fort Lauderdale Fatal Car Crash Accident 

Car accidents are something we keep in the distant edges of our mind - we know they happen, we see stories of accidents, but we don’t like to think about anybody we love getting involved in a fatal car crash. Then, with no rhyme or reason, the unthinkable happens; you get a knock at the door or a phone call to explain that a loved one was involved in a car accident.

Only people who have been in this position can explain the instant pain and turmoil that it causes to their lives. During this difficult time, you shouldn’t have to deal with the legal side of the accident. For this reason, we recommend contacting a fatal car accident attorney. If a loved one was killed in a motor vehicle accident, you could be entitled to compensation, and you need a professional and reliable service to represent your family.

Accidental Deaths in Florida

According to the Centers for Disease Control and Prevention, the number of people who died after an unintentional injury was just under 175,000 in 2019. This means that around 53 in every 100,000 of the population die due to this one cause - the third-highest cause of death in the country.

If we dig deeper into the accidental death group, unintentional falls account for the largest portion at just under 40,000 deaths. Next, we find motor vehicle accidents. While we use the word ‘accident’ like it’s a rare occurrence, the sad truth is that these accidents aren’t rare enough.

If your loved one was killed by driver negligence, you need The Injury Firm as a wrongful death car accident attorney. A car accident in Fort Lauderdale has the potential to financially cripple those left behind, and this isn’t fair when the victim was an innocent party in the accident.

Florida Wrongful Death Act

Thankfully, laws exist to help the families of those involved in a wrongful death situation. For example, the Florida Wrongful Death Act helps families to hold those who cause such accidents accountable for their actions. A party can be responsible for an accident through the following actions:

  • Negligence (driver negligence)
  • Breach of warranty
  • Breach of contract
  • Wrongful acts

Fortunately, The Injury Firm has extensive experience in this area of law and is passionate about helping the families of loved ones who have passed away after a car accident in Fort Lauderdale. If you’ve already filed a personal injury suit and your loved one has since passed, you’ll need to change this suit to a wrongful death one instead.

Who Can Claim Personal Injury?

Often, one of the most common questions in a case involving a fatal car crash regards the parties able to claim compensation against the guilty driver. Once again, we can look to the statutes in Florida law for answers since it has very clear guidelines in this area. In fact, the type of claimants will affect the compensation requirements. For example, cases involving children under the age of 25 years will require more compensation than a case that doesn’t include any minors.

With this in mind, the statute covers all those considered ‘survivors’ and this includes spouses, children (adult and minor), parents, legal wards, and all other blood relatives. Additionally, the statute covers the following:

  • Adoptive siblings
  • Lineal descendants
  • Children born out of wedlock (mother)
  • Children born out of wedlock (father) if they have recognized responsibility

Damages in a Wrongful Death Claim

In this next section, we’re going to assume that driver negligence was responsible for the accident and that your family is entitled to compensation. What damages can you claim in such a case?

Ultimately, no online calculator can tell you how much you’re owed in a case like this (so don’t fall into the trap of deciding based on this information). Your wrongful death car accident attorney will consider the elements of the case before coming to a compensation amount that considers your family, the circumstances, and all economic and non-economic damages.

Economic damages can include medical bills, future wages, property damage, and burial costs - these are damages to which we can attach a fiscal value. On the other hand, non-economic damages are subjective damages with no fiscal value to calculate. For example, this includes pain and suffering, loss of companionship, loss of consortium, wrongful death, and mental anguish.

In rare cases, claims can also contain punitive damages. Rather than simple negligence, this is present when the guilty party actively sought to injure your loved one or cause an accident. Punitive damages exist to go beyond covering damages and instead punish the driver for their actions.

Importantly, your fatal car accident attorney will negotiate with the insurance company after analyzing your claim. If the insurance company meets our requirements, we’ll settle the case, and you’ll get the compensation that you deserve. The Injury Firm has experience in negotiating with insurance companies and building a strong enough case to encourage settlement outside of court.

Yet, The Injury Firm also has the resources to activate legal proceedings if the insurance company doesn’t offer a fair settlement. If this were to happen, you still don’t need to worry about anything because we compile the evidence and fight the case on your behalf. We’ll take the case in front of a judge or jury where they will analyze the case and come to their own conclusion.

FATAL CAR ACCIDENT - FREE CONSULTATION: 954-951-0000

Comparative Negligence

If the police report surmised that both parties were partly responsible, this doesn’t necessarily mean that you cannot obtain compensation. In Florida, comparative negligence laws mean that victims get the portion of damages for which they weren’t responsible.

As a basic example, let’s say that your loved one is determined to be 30% responsible for the accident. In this case, you can still get 70% of the damages because they weren’t responsible for this part. If you’re awarded $100,000, you would actually receive $70,000 because you’ll need to deduct the percentage for which your loved one was responsible.

If you’re confused, please don’t worry because The Injury Firm will explain everything. If in doubt, reach out to our determined professionals for advice. After a car accident in Fort Lauderdale, the best course of action is legal representation with an experienced car accident personal injury attorney.

FAQs

To finish, we want to answer some common questions in this area of law. If you need further advice, contact our friendly team today. We’ll act professionally and delicately to protect your legal rights and fight for justice.

Do I need to file a lawsuit immediately?

No, but we recommend contacting a lawyer as soon as possible after a fatal car crash for a loved one. While the statute of limitations is two years, you should get the process started while the accident is still fresh in the minds of police officers, ambulance workers, witnesses, and others.

Do I need a motor vehicle accident attorney?

Again, the answer is no, but you’ll struggle to obtain the right compensation without legal representation. For one thing, insurance companies will use adjusters to reduce the necessary compensation as much as possible. Although it might not sound ethical, insurance companies will always try to protect their end-of-year profit (even in wrongful death cases).

An attorney will also negotiate with insurance companies, gather documentation, meet the necessary legal obligations when filing a claim/case, speak to witnesses, contact expert witnesses, protect your legal rights, and value your claim.

Is it important to have an autopsy?

When filing a wrongful death lawsuit with a fatal car accident attorney, you might wonder whether you need an autopsy to support your case. In truth, it depends on the circumstances of the case in hand. While they aren’t required by law, they often offer strong evidence.

How much does it cost to hire an attorney?

During this sensitive time, you don’t want to be worrying about finding money for an attorney. Fortunately, we offer a free case evaluation. If we decide to take on your case, we then work on a contingency basis. What does this mean? In short, you won’t have to pay anything upfront. Instead, we’ll take our fees from the recovered compensation.

Contact The Injury Firm Today

Wrongful death cases are complex, and this is why legal representation is so important. When filing a suit, all survivors and beneficiaries need to be mentioned. From here, the court decides the damages that each survivor will receive. More often than not, success in these types of cases relies on communication and unity between the different survivors. If one accepts a settlement and the other survivors disagree with the decision, the court will need to approve it.

Either way, the intricacies of a motor vehicle accident involving driver negligence are high at the best of times; this only gets higher when the victim dies. Why not allow our wonderful team to help in your hour of need? We’ll handle everything with care while you and your family grieve.

PRIMARY OFFICE
The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

 

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Call Us Today

954-951-0000
Toll-free: 833-332-1333

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Disclaimer

The information contained in this website is provided for informational purposes only.  This website may contain information about The Injury Firm's past results, testimonials about the firm or a lawyer within the firm, and statements regarding the quality of The Injury Firm's work product. This information has not been reviewed or approved by The Florida Bar. Please be advised that: 1) the facts and circumstances of your case may differ from the matters for which results and testimonials have been provided: 2) Not all results of cases handled by the firm or its lawyers are provided and not all clients have given testimonials; and 3) The results and testimonials provided are not necessarily representative of results obtained by the firm or by its lawyers or of the experience of all clients or others within the firm or its lawyers. Every case is different, and each client’s case must be evaluated and handled on its own merits.

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