All too often, car accidents change lives forever. Fatal accidents leave entire families emotionally and financially devastated. As people spend increasing amounts of time in their cars, multitasking behind the wheel seems to have become the norm. Sadly, the results can be fatal. A 2006 National Highway Traffic Safety Administration (NHTSA) report cites distracted driving as causing an overwhelming number of auto accidents.
No amount of compensation can bring a lost loved one back or erase the pain of their death. However, financial compensation can give you and your family the breathing room and economic support you desperately need to heal from the trauma and loss. The Law Offices of Anidjar & Levine dedicates itself to fighting to make sure you have everything you need to heal. Call 1-800-747-3733 today to schedule a free consultation with our legal team and see how a Winter Park fatal accident lawyer could help you.
Wrongful Death Claims in Florida
The Florida Highway Safety and Motor Vehicles (FLHSMV) reported 403,636 automobile accidents in 2018, including almost 32,000 in Orange County. Of these, 177 countywide proved fatal. A significant percentage of these deadly accidents resulted from driving while texting, driving while under the influence, recklessness on the road, and other negligent acts behind the wheel.
Be sure to take the following steps after a fatal accident:
- Collect accident documentation, police reports, medical reports, and a death certificate to prove your loved one’s death was the result of an accident that could have been prevented through responsible driving.
- Seek out professional help to deal with the loss you’ve suffered.
- Consider consulting a fatal accident lawyer for advice on how to proceed with filing a wrongful death claim.
Civil lawsuits brought forth in response to a death caused by the negligence or recklessness of another party are referred to as wrongful death claims. Civil in nature, these claims are not designed to punish the other party. They are designed to provide victims with the financial compensation they deserve.
Florida Statutes § 768.19 defines wrongful death as instances in which “the death of a person is caused by the wrongful act, negligence, default, or breach of contract” of another person. The statute also specifies that the at-fault driver remains liable even after the death of the wronged person.
Negligent driving can include:
- Carelessness
- Recklessness
- Texting and driving
- Driving while distracted
- Drowsy driving
- Speeding and failure to obey traffic signals
- Driving under the influence
- Road rage and aggressive driving
Acting quickly after a fatal accident is critical in Florida. All states have statutes of limitations on personal injury and wrongful death claims. Florida Statutes § 95.11(4)(d) establishes a two-year deadline for pursuing a wrongful death lawsuit. A Winter Park fatal accident lawyer can ensure your claim is filed in accordance with Florida statutes. Call the Law Offices of Anidjar and Levine today to get started.
Wrongful Death Laws in Florida
While Florida has several laws designed to protect victims of fatal car accidents, it also has a strict set of restrictions that govern how, when, and under what circumstances wrongful death claims can be filed.
These regulations can feel intimidating, overwhelming, and complicated for families struggling to pick up the pieces after losing a loved one in a traumatic car crash. Involving a wrongful death lawyer can often mean the difference between countless sleepless nights and the peace of mind that comes from knowing an experienced advocate is working on your behalf.
Find Out Who’s Eligible to File for Wrongful Death
Florida law requires the personal representative of the deceased person’s estate to file the claim and list all family members who have an interest in the case. These can include:
- Spouses
- Parents
- Children (both biological and adopted)
- Blood relatives who were at least partially dependent on the deceased for financial support
Damages Available to You in Wrongful Death Claims
Florida Statutes § 768.21 dictates that all survivors are eligible for financial compensation that covers the value of lost support and services. The value of these services would begin on the date of injury and extend through the day your loved one died. Additionally, in cases where estates are involved, victims are also entitled to recover lost “prospective net accumulations” of the estate (i.e., how much the estate could reasonably have been expected to grow if the deceased person were still alive).
Additionally, family members who lost a loved one in a fatal motor vehicle accident can claim compensation for:
- Medical expenses from the date of injury through the date of death.
- Loss of companionship and support.
- Emotional pain and suffering, including depression, anxiety, and post-traumatic stress disorder (PTSD).
- Medication costs for emotional disturbances related to the loss of a loved one.
- Loss of parental guidance and support (for those who lose a parent in a fatal car accident).
- Funeral and burial costs.
A Wrongful Death Lawyer Can Help
If you’ve lost a loved one in a fatal car accident, your loss cannot and will not be negated by a financial settlement. However, a fair financial settlement can ensure you and your family have the financial resources you need to secure necessary support as you heal.
If you’re struggling to put the pieces together after a fatal crash, a Winter Park fatal accident lawyer can help. At the Law Offices of Anidjar and Levine, we are dedicated to handling your legal needs, so you can focus on tending to your emotional needs. Call 1-800-747-3733 to schedule a risk-free, no-obligation consultation with our legal team. We will answer your questions, review your case, and advise you on the next steps to take. From there, our team of wrongful death lawyers works on a contingency basis and collects nothing unless you recover an award.
We Can Help.
