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.

Meet Andrew Pickett

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Tierra Johnson

10000000/10 Very professional and very respectful. My case moved very quickly and Vonda, Tina and Tiffany kept me in the loop with every step of the process. I am more than pleased with the outcome and would recommend Pickett Law to ALL my family, friends and acquaintances. Thank you !!!

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.

Kimberly Marconi

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.

Melissa Williamson

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.

Stefani Tennyson

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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Vinnie Taranto

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

Response from the owner: Vinnie, I appreciate your kind words. Thank you!

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

Response from the owner: Thank you for the 5 star review, Raymond.

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

Response from the owner: Thank you for trusting us to help you with your case, Marquisha.

jhayco

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.

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Tamara Peterson

From mid 2023 to February 2024 I had the honor of having Andrew Pickett Law Firm join the team representing my car accident case from 2019 which resulted in PTSD, and injuries to my neck, back, and brain.His high energy, determination, and dedication to bring the best possible outcome for any case definitely exceeded all expectations I could have possibly had.Resulting in the highest possible outcome for my case.I would highly recommend him to anyone needing legal representation!Knowing the depth of passion he has for every case he represents speaks for itself. You’re in the hands of a positive and powerful force with Andrew Pickett as your lawyer.

Response from the owner: Thank you for the kind words, Tamara. We were honored to represent you in your case.

Sylvester Hill

Response from the owner: Thanks for the 5-star review, Sylvester!

Brett Lindenberg

The best of the best! Andrew Pickett is the best personal injury / car accident attorney in Melbourne and possibly even the state of Florida. Most lawyers gloss over smaller clients, but Andrew demonstrated serious commitment, respect, and honesty throughout the process. Very thankful for Andrew Pickett Law and his knowledge to help resolve our situation quickly.

Response from the owner: Brett, we really appreciate the time you took to write such a nice review! It really means a lot to our firm.

Mary alice Mcconnell

Response from the owner: Thank you for the 5 star review, Mary.

Davis Legal Center Inc

Attorney Pickett and his staff are excellent. I have personally worked with and seen his care and compassion for his clients. Not to mention his ability to obtain favorable results for his clients inside and outside the courtroom. I recommend Attorney Pickett and his team without reservation!

Response from the owner: Thank you, Dameka! This means a lot. We appreciate you.

Des

I'm so grateful for this firm! They handled my case quickly and with ease.

Response from the owner: Thank you for the 5 star review, Destinee.

Ryan McCarville

Andrew is a great attorney and works really hard for his clients. He is incredibly active in the community and has a great reputation among his peers.

Response from the owner: Thank you for the 5-star review, Ryan! I appreciate the encouragement.

Matt Horwarth

Response from the owner: Thank you for the 5-star review, Matt!

Ethan Babb

Andrew is a tried and true trial attorney. I highly recommend him and his team of highly capable attorneys, paralegals and legal assistants. They truly care about their clients and go above and beyond to achieving the absolute best results.

Response from the owner: Thank you so much, Ethan! I have enjoyed getting to know you over the years and watching your career take off.

Betty Bobay

After being part of a unique preparation process Andrew uses to prepare his clients for presenting their story to a jury, I attended one of his trials to watch the process unfold. I was in awee as I observed how he left no stone uncovered with the depositions, visual aids, videos from relevant physicians, (who shared in lay terms with the jury...how the crash had impacted the client medically and changed the entire trajectory of their life). Andrew is laser focused on helping a jury understand how a client's life has been altered and the losses they have incurred as a result. If you need a Personal Injury Attorney, you could not ask for someone more compassionate and laser focused on helping you than Andrew Pickett.

Response from the owner: Thank you for the kind words, Betty

John Gozowsky

Thank Tina Johnson for a good job

Response from the owner: John, thank you so much for the kind words. It has been an honor helping you.

Alexander Roye

Andrew and his team as as good as they come. Their extensive knowledge matched with genuine care about you as a client makes this firm by far the best I have delt with. 100% recommend to anyone looking for their services.

Response from the owner: Thank you for your kind words, Alexander.

Steff Smith

Pickett Law is an outstanding firm!! Mr. Pickett is a well experienced personal injury attorney with an amazing staff. Both Attorney Hicks and Attorney Whitehouse have been a great addition to his office. Sometimes, as a firm grows you notice their attention to their clients lessen - that is definitely not the case with Pickett Law.

Response from the owner: Thanks, Steffanie! We appreciate the kind words. I’ll share your feedback with the other attorneys in my office.

Marta Kiss

I have had the pleasure of working with Andrew Pickett and his stellar team on two trials. The preparation, dedication and precision he puts into each client and case translates into the courtroom. Andrew is an excellent trial lawyer, and I look forward to working with him again in the future.

Response from the owner: Thank you for the great review, Marta! We enjoyed working with you and look forward to working with you on more cases in the future.

ScraggssFit

Andrew and his team are some of the most genuine and selfless people I’ve met. If you’re looking for a legal team that will fight for you, then they’re your team!

Response from the owner: Thank you, Amy! We appreciate the kind words. It means a lot.

Nathan Special

If you are looking for an attorney in Melbourne to help with your car accident case, call Andrew Pickett Law. He’s a wonderful attorney, and very easy to talk to. He was very understanding and patient when we were going through such stressful times. He got us the results we were looking for.

Response from the owner: Thank you for the 5-star review, Nathan!

Robert Frost

They were very good and hrlpful

Response from the owner: Thank you, Robert. It was an honor to represent you.

victor shallow

The staff at Andrew Pickett Law is excellent. They have been great at communicating with me. The attorney on my case has made herself available to answer my questions anytime I need. I highly recommend this team of professionals.

Response from the owner: Thank you for the kind words, I am glad we are able to help you with your case.

Elena Johnson

Vonda at Andrew Pickett law has gone above and beyond! I'm very grateful I've had her in my corner during this really stressful process of dealing with insurance companies. I've never been in an accident before and had no idea what to expect or what the process was. Vonda has helped me each step of the way, explaining everything to me. Everyone I've interacted with at the law office has been patient, thorough and knowledgeable. Highly, highly recommend!

Response from the owner: Thank you for the kind words, Elena. We are honored to be able to represent you and help you during this difficult time.

Alan Carlow

Thank you for your help.

Response from the owner: Thank you, Alan! It has been our honor.

Tonya Moreno

Jenny is well versed right down to the fine details I felt confident and happy with my decision. I would recommend her any time.

Response from the owner: Thank you for the great review!

Susan DiFilippantonio

I do not write many reviews but am compelled to share how wonderful it is working with Jenny in the Melbourne office! She goes thar extra mile and is a super star with this firm! So very very happy with my dealings with her! I would give her 100 stars if I could!!!

Response from the owner: Thank you, Susan! What a great review!

Tammy Trentham

Tina Johnson has been amazing to work with during this time of need. Thank you Tina.Vonda Vasser was very informative and understanding during my process. Thank you also, Vonda.

Response from the owner: Thank you for the kind review, Tammy!

John Thomas

Andrew Pickett of Andrew Pickett Law is a lawyer of unparalleled character and integrity. I have known Andrew for more than a decade, both personally and professionally. Andrew always demonstrates a level of professionalism and dedication that exceeds expectations.As a highly trained trial lawyer, Andrew brings a wealth of experience to every case he handles. His commitment to providing personalized service is evident in his meticulous approach and unwavering attention to detail. Andrew takes the time to understand his clients' needs and concerns, ensuring they feel supported and informed throughout the legal process.What truly sets Andrew apart is his genuine care for his clients. It is his goal to treat each individual with the utmost respect and compassion, speaking honestly and realistically about their options. Andrew approaches every case with integrity, always striving to achieve the best possible outcome for his clients.I wholeheartedly recommend Andrew Pickett to anyone in need of legal representation.Thank you, Andrew, for your exceptional service and for truly caring for your clients like family. Your dedication to the legal profession and commitment to integrity make you a standout in your field.

Response from the owner: Thank you for the wonderful review, John!

Danette Lauricia

Response from the owner: Thank you for the 5-star review, Danette!

menny salomon

Attorney Andrew Pickett went above and beyond to assist me with my case. His advice was top-notch, and he executed everything just as he promised. His communication was flawless, and he was punctual every time. I highly recommend Attorney Pickett and will only be seeking his services in the future.

Response from the owner: Thank you, Menny!

Colleen DeGraff

If you're looking for personalized, hands-on representation - look no further. The attention to detail and drive to get you the results you deserve are just a few reasons why the firm is successful.

Response from the owner: Thank you Colleen!