Motor vehicle collisions remain one of the leading causes of injuries in the US, but statistics also reveal that deadly auto crashes also occur quite frequently. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there are almost 3,000 fatal car accidents statewide leading to more than 3,100 deaths. While the victim’s passing is obviously a tragedy, there are severe implications for surviving family members who are affected financially and emotionally.
If you lost a loved one in a fatal auto collision, it may come as some comfort to know that you may qualify to seek compensation through a wrongful death claim. These cases are highly complex, but you can trust our team at Payer Law to handle the complicated legal tasks. Please contact our office to schedule a case review with an fatal car accident attorney, and read on for some basics.
Legal Options for Surviving Family Members
Florida wrongful death laws create a cause of action which is a type of personal injury case, except that the victim died from trauma instead of merely being hurt. Individuals designated by statute may qualify to recover compensation for their losses, but you must first have sufficient evidence to prove the essential elements of negligence. In a wrongful death case, you need to prove that your loved one was killed because the other motorist breached the legal obligation to drive safely.
Qualifying for monetary damages means you need to have standing to sue for wrongful death, which means you must be:
- The decedent’s surviving spouse;
- The victim’s children under 25 years old;
- Parents of a fatal car accident victim who was under 25 years old; and
- Individuals who were dependent upon the decedent for support.
Seeking Monetary Damages for Wrongful Death
If you do have standing and evidence regarding the at-fault driver’s negligence, your first step in pursuing a wrongful death case will involve an insurance company. You will need to file a claim to recoup your losses, and our fatal car accident lawyers will handle the essential tasks. It is possible to settle out-of-court in some cases, so we are prepared to address a denial or lowball offer by the insurer. If the company will not pay a fair amount, we will file a wrongful death lawsuit in court.
Our Payer Law team will fight to ensure you receive all compensation allowed in a wrongful death case, which focuses on your losses. Examples include:
- Funeral and burial costs;
- Loss of financial support;
- Losses related to education, love, guidance, support, and mental suffering.
Discuss Wrongful Death Claims with an Orlando Fatal Car Accident Attorney
It is helpful to understand the rights of surviving family members after a deadly auto collision, but you should rely on skilled legal representation to pursue a wrongful death case. Payer Law can guide you through the legal process, so please call our office in Orlando at 407-307-2979 or visit our website today. We can set up a free consultation with an Orlando fatal car accident lawyer who can explain your options.