While we often expect truck drivers to drive with care, accidents can still happen. Unfortunately, the size of these vehicles often makes them more destructive to people and property than other types of car crashes. You would then suffer the grief of losing a loved one and the costs accrued due to their passing. 

If your loved one died in a recent trucking collision here in Melbourne, you could have the right to recover damages through a settlement. Let us look at some of the relevant laws and requirements in your case and how you can have a Melbourne fatal truck accident lawyer work with you through your situation. Our truck accident lawyers can handle your case from start to finish. 

Who Is Qualified to File Fatal Truck Accident Actions?

Under Florida Statutes Section 768.20, only your loved one’s personal representative can file the action on behalf of the surviving family and the deceased’s estate. They must specify all the beneficiaries who can receive a share of the Melbourne fatal accident settlement.

In probate law, a personal representative is an individual or entity the decedent has entrusted to carry out the contents of their will, pay taxes and unpaid debts using the estate, and allocate the rest of the estate to the beneficiaries. 

The Melbourne fatal truck accident attorney can assist the personal representative with the steps involved in filing for damages against the liable truck driver. These include compiling proof of the accident and listing the damages suffered due to your loved one’s passing. 

Fatalities Let You File Third-Party Actions

In a typical Melbourne motor vehicle accident, you can only use your Personal Injury Protection or PIP insurance to cover your damages. However, Florida’s tort exemption laws let you file for damages against the at-fault party if you meet the tort thresholds. One of the conditions that qualify is if there was a fatality. 

Liability insurance claims and wrongful death lawsuits are the two main actions you can take to recover fatal accident damages in Melbourne. A Melbourne fatal truck accident lawyer can help assess whether it would be more suitable to file a claim or a suit. 

Liability Insurance Can Cover Fatal Accidents

Due to the insurance requirements set by Florida Statutes Section 627.7415 and the Federal Motor Carrier Safety Administration, trucking companies traversing Melbourne must carry liability coverage just as they should throughout Florida. When the truck gets involved in an accident, the coverage pays for the damages their victims accrue. These also extend to death-related damages.  

A truck employer’s liability insurance only covers drivers if a fatal accident happens within the scope of their duty. So, for instance, if the driver caused the crash while doing personal errands, you must file with their personal auto insurance provider instead. However, the state’s auto insurance laws only require property liability and PIP insurance. 

Besides helping you file with the liability insurer, the Melbourne fatal truck accident lawyer can negotiate on your behalf if you find their settlement offers unsatisfactory. 

You Can Also File Fatal Accident Lawsuits

Lawsuits are typically your next option if you cannot recover with a liability claim. The fatal truck accident lawyer in Melbourne, FL, may advise you to file this action due to circumstances such as:

• The trucker’s liability coverage cannot fully repay you.
• They may also be uninsured.
• Evidence shows that the accident happened due to gross negligence or intentional actions, which insurance companies typically do not cover.

Unlike claims, your recovery in a fatal accident lawsuit does not depend on how much coverage the at-fault Melbourne trucker carries. This means they may pay you through other means if the court awards you an amount higher than their policy limits. 

Lawsuits can take a long time to finish due to the filing processes and court proceedings involved. However, the Melbourne fatal truck accident lawyer can represent you in court until you get a verdict.

Complying with Filing Deadlines

Your Melbourne fatal truck accident case has the same statute of limitations or filing deadlines as other wrongful death actions. That means you generally have up to two years to file before your cause gets automatically dismissed. 

The fatal accident lawyer can see that your case is progressing on schedule by checking for pending tasks so they can help you finish them faster. 

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Damages in Fatal Truck Accident Settlements

The Melbourne fatal truck accident lawyer can assist with calculating your fatal trucking accident’s total damages. In wrongful death actions such as these, the damages can be separated into two types: the ones awarded to the family and those that go to the estate. 

The first type includes damages such as: 

• Funeral expenses
• Any medical expenses accrued if the loved one was hospitalized before passing away
• Loss of the loved one’s guidance, services, and financial support
• Emotion trauma and anguish
  

Meanwhile, damages awarded to the estate include: 

• The value that would have increased the estate had the loved one lived
• Loss of insurance benefits and wages
• Accident-related expenses paid using the estate 

Comparative Fault Still Affects Recovery of Death-related Damages

Florida’s comparative negligence rules can still reduce your recoverable damages if the court or claims adjuster finds your loved one partly liable for the Melbourne fatal trucking accident. 

To illustrate, let us assume the Melbourne trucking company is at fault for not securing their cargo properly, causing it to fall off the truck. Meanwhile, evidence also reveals that your loved one was speeding, which worsened the impact when they collided with the fallen cargo. As a result, the trucker is 70 percent liable, while your loved one’s liability is 30 percent. That also means the trucker only owes you 70 percent of the total accident damages. 

Such a rule makes it vital to have the Melbourne fatal truck accident lawyer review the entire accident first to see whether you have a valid case against the truckers. 

Work With Our Melbourne Truck Accident Wrongful Death Lawyers

The office of Andrew Pickett Law is always ready to help those in need of legal assistance after suffering from the wrongful death of a loved one in Melbourne or anywhere else in Florida. While our firm started serving injury clients in 2009, the team comprises professionals with decades of personal injury law experience. Our Melbourne fatal truck accident lawyer can review your case and advise you accordingly. 

Call us today to start your free consultation. You can also send in your fatal accident details through our website, and we will get back to you shortly after.

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I had an excellent experience with Andrew Pickett Law and especially with their paralegal, Lindsey Pike for my personal injury case. Lindsey was incredibly informative and took the time to thoroughly explain the litigation process to me, which made navigating everything so much easier. She was patient, responsive, and always made sure I felt supported throughout the case. I truly appreciated her guidance and professionalism. I would highly recommend Andrew Pickett Law anyone seeking legal assistance.

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My experience with Pickett’s Litigation Paralegal, Lindsey Pike was top notch!! She remained calm, organized and had all the answers to every question I had!! Thank you Lindsey!!!

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Phenomenal law firm! They care about their clients and their results!

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My recent experiences with the Andrew Pickett Law firm where top flight in handling my automobile accident where I was hit from behind by a under-insured driver and received related injuries and vehicle damage. Attorney Jessica Hicks and the entire Pickett Law team in Melbourne, FL did an excellent job from the first consultation call to the final settlement results with very favorable outcomes in restoring my health, property and compensation. The team provided excellent and timely coordination, guidance, preparation and advice throughout legal process with a balanced application of phone calls, texts and emails and were always available, responsive, professional and friendly. The coordination and negotiations with my multiple medical providers and insurer by Attorney Jessica Hicks was impressive and impactful. If you are involved in an accident in Brevard County Andrew Pickett Law and team will deliver results and I would recommend they be your first consultation call.

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I highly recommend Andrew Pickett and his team. They handled my accident case with professionalism, knowledge, and care. They were always available to answer my questions and kept me informed throughout the entire process. Their dedication and expertise made a stressful situation much easier to navigate. I’m very grateful for their support and the positive outcome they achieved for me.

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I had a great experience working with Jessica Hicks. Professional, efficient and very knowledgeable. Great results, would highly recommend.

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I had an outstanding experience with Pickett Law. Attorney Jessica Hicks and the Pickett Law team did an incredible job on my trip and fall case. From the first phone call with Jessica and Andrew Picket, I knew I was in good hands. Jessica Hicks is an incredible advocate, she is prepared thorough, and will go the extra mile. The entire staff truly care about their clients, they are so knowledgable and answered any questions I had throughout the case. I am so blessed to have the best team represent me. Thank you: Jessica Hicks, Jeremie, Tina, Kimberly, Vonda, Jenny, Andrew, and the entire Pickett Law Team!!

Response from the owner: Josh, what a great review! Thanks for trusting us to assist you with your case. Please let us know if we can ever be of service in the future.

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I’m not sure I’d still be here today without Jessica Hicks. Thank you Andrew Pickett Law!

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I had an amazing experience with Andrew Pickett Law. I was always receiving calls, messages and emails with any updates to the case or questions they had for me. Their availability to answer my calls and questions was flexible and respectful. I would highly suggest this law firm for any person who has experienced injury from an automobile accident and is seeking further assistance legally. This office makes sure you are informed and well taken care of.

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Andrew Pickett Law and their team of attorneys are exceptional. Mr. Pickett is knowledgeable, courteous, and dedicated. A consummate professional. As an attorney, I’ve had the pleasure of working alongside Ms. Hicks and Ms. Whitehouse and their trial experience and negotiation skills are outstanding. What an amazing team!

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It's hands down one of the best personal injury firms I’ve ever seen! I referred my brother to this firm, and he continues to tell me how communicative and diligent Jessica Hicks and Tiffany Whitehouse are in getting him the best outcome!

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Review for Jessica Hicks and Tiffany WhitehouseJessica Hicks and Tiffany Whitehouse are exceptional personal injury attorneys who truly stand out for their attention to detail and genuine care for their clients. From the very beginning, they go above and beyond to ensure every aspect of your case is meticulously handled. They take the time to understand your unique circumstances, patiently answer all your questions, and keep you informed throughout the process.What sets them apart is their heartfelt dedication to their clients. You can tell that they genuinely care—not just about winning cases, but about helping people rebuild their lives after difficult situations. Jessica and Tiffany are compassionate, responsive, and fiercely advocate for the best possible outcome.If you’re looking for attorneys who combine legal expertise with a personal touch, Jessica Hicks and Tiffany Whitehouse are the team you want on your side. Highly recommended!

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I cannot say enough positive things about Andrew Pickett Law and their incredible team of attorneys. Jessica Hicks and Tiffany Whitehouse bring an exceptional level of professionalism, skill, and care to every case they handle. Jessica’s extensive trial experience is evident in her strategic approach and dedication to achieving justice, while Tiffany’s unique combination of legal expertise and medical knowledge provides invaluable insight for personal injury cases.What truly distinguishes this firm is its unwavering commitment to justice and client care. From the first consultation, you are met with clear communication, thoughtful strategy, and a team that treats your case with the gravity and diligence it deserves. If you are seeking tireless advocates who blend compassion with formidable expertise, Andrew Pickett Law is the firm to trust.

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Rebecca Collura

If you are reading this you may have been in a car accident which I am sure has disrupted your life as it did mine. Dealing with your insurance company will be impossible and their goal is to give you the least amount of money possible regardless of your injuries. It is a slow process and you have to be patient. Andrew Pickett will work extremely hard to get you enough money to take care of past and potential future expenses. He is extremely good at what he does and his support staff are attentive and responsive as well. Personally I wouldn't be a number at one of those big firms that advertise on TV. Andrew was completely involved in my case and took great care of me. Stay strong, I pray the pain will lessen for you, and let Andrew fight for you!

Response from the owner: Thank you, Rebecca! What a thoughtful review. It was an honor to represent you.

Sandra Musgrave

The entire team is amazing. Andrew and his team worked hard to get the best outcome for our case. I am very happy with our decisions to hire him after our accident.

Response from the owner: Thank you for trusting us, Sandra! It was an honor to represent you and your family.

Joseph Grant

Andrew and his team were professional and helped me through every step of the way. They made sure I was comfortable and understood the entire process. I would strongly recommend them to anyone!

Response from the owner: Thank you, Joe! I’m happy that we were able to reach a favorable resolution.

Ashley Severance

Mr. Pickett is a fantastic personal injury attorney who has represented several of my own clients in various injury matters. He has obtained very favorable results for my clients. He is responsive, attentive, and detail oriented. I highly recommend his services.

Response from the owner: Thank you for the 5-star review, Ashley! We are honored to receive referrals from you.

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I worked with Jessica Hicks after I was hit by another driver. She worked diligently, professionally, and exhaustively on my case which resulted in compensation. Jessica Hicks is by far one of the most caring, qualified, and knowledgeable lawyers in Brevard County and the state of Florida. I highly recommend Jessica for her skill, expertise, and exemplary service. You will not be disappointed in choosing her as your lawyer. Thank you, Jessica.

Response from the owner: Thank you for the kind review, Kimberly! I am pleased we were able to reach a resolution.

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Amazing law firm. Highly recommend.

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Karen Garach

I had the privilege of working with Andrew Pickett and his staff at Andrew Pickett Law for my personal injury case, and I couldn't be more satisfied with the outcome. From our first meeting, he displayed a genuine concern for my well-being and a deep understanding of the legal complexities involved.Mr. Pickett was always available to answer my questions and provided clear guidance throughout the process. He fought tirelessly on my behalf, ensuring that I received the compensation I deserved.The level of professionalism and dedication was truly outstanding. I highly recommend Andrew Pickett Law to anyone in need of a personal injury attorney. Thank you for your exceptional service!

Response from the owner: Karen, what a wonderful review! We appreciate your kind words.

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Hands down best attorney in town. Andrew takes his time with you through the entire process and keeps you informed. If you are looking for a local attorney that you can trust, Andrew Picket Law is for you.

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Andrew is an amazing attorney that truly cares about his clients.

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Angela Roth

I had an excellent experience with Andrew Pickett and their team. From the initial consultation to the final settlement, they were professional, knowledgeable, and compassionate. They truly worked hard to get a favorable outcome. I highly recommend them to anyone in need of a skilled accident attorney. Thank you for your outstanding service!

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Raymond Miley

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linda williams

I had the best experience working with Pickett Law. They are all very knowledgeable about the law. We personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, they knew how to get us the most money that we were entitled to from a car accident. I don’t know what we would have done without their help. If you are ever looking for an atty, we highly recommend this office.

Response from the owner: Thank you for the great review, Linda! And thank you for your trust in our law firm. If we can ever assist you or any friends or family in the future, please let us know.

Shaun Peiffer

I had an excellent experience with Andrew Pickett Law firm. From start to finish, the team was incredibly responsive and attentive to my needs. Jessica was outstanding in patiently answering all my questions, making sure I fully understood each step of the process. I also want to thank Vonda for taking the time at the beginning of my case to walk me through everything, providing clarity and peace of mind. In the end, I was more than happy with the successful settlement outcome. I highly recommend Andrew Pickett Law firm for anyone seeking top-notch legal representation.

Response from the owner: Thank you so much for the wonderful review, Shaun! It was an honor to represent you. We are grateful for the trust you placed in us. If we can ever be of assistance to you or your friends or family in the future, please let us know.

Belinda Darnell

I had the privilege of working with Attorney Jessica Hicks alongside Attorney Andrew Pickett during my personal injury case, and their exceptional representation made all the difference. From the very beginning, they were attentive, compassionate, and highly engaged with every detail of my case. Attorney Jessica Hicks, in particular, formed a great personal connection with me, truly understanding the pain and challenges I faced after my accident.Their communication was outstanding, keeping me informed at every step through phone calls, office visits, text messages, and their office app. Attorney Jessica Hicks’ dedication and persistence led to securing the full allowable settlement amount without the need to go to court, which was an immense relief.I cannot recommend Attorney Jessica Hicks and Attorney Andrew Pickett highly enough. Their knowledge, support, and commitment are of the highest caliber. Jessica, in particular, is a determined and relentless advocate, ensuring that I was fully supported and heard throughout the process. If you're looking for attorneys who will truly fight for you, Jessica Hicks and Andrew Pickett Law are the ones to choose.

Response from the owner: Thank you for the great and thoughtful review, Belinda! It was a pleasure to represent you, and we are happy that you are satisfied with our efforts.

Jen Gonzo

ANDREW PICKETT LAW represented me in my case and they were professional all the way through. I am so grateful for what they were able to do for me. Big kudos to my attorney Jessica Hicks. 👏

Response from the owner: Thank you, Jennifer! Great review. So happy that we were able to resolve your case favorably!

Ken Williams

Andrew Pickett and his staff worked extremely hard to resolve my case I am extremely happy that I went with them and will use them in the future most definitely they kept me well informed and The professionalism I experienced wasunmatched.

Response from the owner: Thank you, Ken! It was a pleasure to represent you and get to know you.

Valeta Cameron

Exceptional attorney! Highly recommended for any of your personal injury needs.

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Rose Hudson

Andrew and his team were incredibly knowledgeable and showed empathy and compassion to me throughout the entire process. My questions were always answered, even after the case closed. I continue to follow Andrew Pickett on various social media outlets as he regularly creates relevant and informative content. I highly recommend Andrew Pickett.

Response from the owner: Thank you, Rose! We really appreciate your kind words and your friendship. Please let us know if we can ever be of assistance in the future.

Marquisha Mansfield

Very helpful great status wonderful work

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Great job and great service

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Beatrice Maxime

I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. So we hired a Law Firm who then brought in Andrew Pickett Law on the case. I am so happy Andrew agreed to come onboard. He worked really hard on my case. Even though things were moving slow because of Covid-19 pandemic, he never stop working on my behalf. He was very dedicated to the case. I'm grateful for his professionalism, his patience, and his devotion.We ended up going to court and because of Mr. Pickett, we won the case.Thank you so much for all you did for us!!!!

Response from the owner: Beatrice, thank you so much for your kind words! I really enjoyed getting to know you and your family. It was an honor to represent you and join you on this journey.

Marilyn Colpitts

Fantastic service and professionalism. The Pickett Law firm handle my case with care and understanding. I recommend this firm with your case that may be out of the ordinary. Extremely pleased with the outcome.

Response from the owner: Thank you, Marilyn!