Fatal Car Accident Lawyer in Homestead, FL
The reality of losing someone you love in a fatal car accident can be very debilitating, and it causes grief, sorrow and even depression to the surviving family members. The most unfathomable situation is when the accident is from an intentional act by the other driver, or if it was out of recklessness or negligence.
When this happens, the last thought on your mind will be about compensation. However, after a while, you may find it hard to cope with expenses because the deceased was a breadwinner or because of piling medical and funeral expenses. If you are the spouse, parent, or child of the deceased, it is your right to claim for compensation.
As per the statistics provided by Florida’s Integrated Report Exchange System, 117,000 car accidents have so far occurred this year, and 818 of them were fatal. This means 818 families have been left grieving the death of their loved ones.
These families are also left with substantial medical and funeral expenses, not to talk of the loss of wages the deceased would have contributed.
Can You File for Compensation?
The answer to this is an unequivocal yes. If you lose your spouse, child, or parent to a fatal car accident because of the fault of another driver, you are entitled to compensation. While this may not bring back the deceased or ease your pain, it can help settle some of the expenses that are sure to accrue in the aftermath of the accident.
Driver’s liability in a fatal car accident is when he or she acts negligently while driving and ends up causing an accident that ultimately causes the death of a fellow driver or pedestrian.
Under Florida negligence laws, if your loved one dies in such an accident, you can sue for compensation. The value of compensation you are entitled to may depend on the negligent act committed by the driver, the identity of the surviving family member who is suing, and the level or severity of injuries sustained which in this case is death.
Section 768.81 of the same law states that, if the deceased shared the fault that caused the accident which led to his or her death, the damages recovered will be reduced in proportion to the responsible parties’ fault for the accident. However, this does not eliminate the right to claim compensation.
Who Can Sue and Be Sued?
Those who were dependent on the deceased for care or financial support are eligible to file a lawsuit for wrongful deaths in case of fatal car accidents. These include the immediate surviving family members such as:
- Wife or husband of the deceased
- Child of the deceased under the age of 25
- Parents of the deceased
- Any other blood relative that depended on the deceased
Apart from the driver of the vehicle, other parties that you can sue include the manufacturer of the automobile if you, the plaintiff, can prove that the vehicle that caused the accident was faulty. The owner of the property where the fatal accident occurred can also be sued if it can be proven beyond any reasonable doubt that due to his or her negligence, the accident occurred. Lastly, employers of the other driver can also be held at fault in case the driver was working while driving. Proving negligence can be difficult, but with the help of our Homestead fatal car accident experts, you can file a sound claim and pursue compensation for injuries, damages, and the death of a loved one.
Losses for Which You May Be Able to Claim Compensation
- Loss of relationship with the deceased
- Loss of financial support the deceased used to and would have given the family
- Monetary expenses used in planning and holding the funeral
- Mental suffering incurred by the surviving members of the deceased’s family
- If any, medical bills for the deceased’s treatment for injuries before he or she passed away
- Grief caused by the death of the deceased to the surviving family members
- Loss of non-monetary care and comfort that the victim would have provided
Losing a loved one is a tough burden to bear; you do not have to go through the stress and difficulty of filing a claim on your own. Our team is high on client empathy and compassion and we can guide you through the process of filing a claim to secure your family’s financial future during this tumultuous time.
Call Now for Expert Representation
Handling insurance agents, law enforcement agents, and courtroom proceedings while also having to gather evidence and establish liability can be very difficult. Contact our Homestead, FL expert attorneys for representation in your fatal car accident case at 305-928-2909.