Car accidents often cause life-threatening injuries. Unfortunately, not all car accident victims survive the collision. If you have a family member or loved one who passed away in a fatal car accident, you may be interested in getting justice.
With help from a Rockledge fatal car accident lawyer at Andrew Pickett Law, PLLC, you can hold the liable party accountable for their negligence or wrongful acts. We can investigate your loved one’s accident, identify any liable parties, and fight for maximum compensation.
How Do Fatal Car Accidents Occur in Rockledge?
When you enlist the services of a fatal car accident lawyer in Rockledge, opening an in-depth investigation into the car accident will be one of our top priorities.
Examining the way in which the fatal car accident occurred will point us in the direction of the liable party. For example, Florida Highway Safety and Motor Vehicles (FLHSMV) launched a distracted driving awareness campaign to combat this form of negligence on the road. Other negligence-related causes of fatal car accidents include:
- Driving while fatigued
- Drunk driving
- Drugged driving
- Failure to follow traffic laws
- Drowsy driving
- Dangerous roads
- Broken or defective vehicle parts
Your wrongful death lawyer will need to be able to prove liability based on a preponderance of the evidence if you hope to win your case. The evidence presented must clearly demonstrate to the jury and judge that the defendant is more than likely responsible for causing your loved one’s death and fatal car accident injuries.
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Who Is Responsible for Causing Your Loved One’s Fatal Car Accident?
There are many parties who could be at fault for causing a fatal car accident in Rockledge. The way in which the accident occurred should determine who is liable. For instance, in cases where a drunk driver caused an accident, your attorney would also consider whether social hosts or dram shops could also be responsible.
Social hosts and dram shops have then held accountable when they provide, overserve, or sell alcohol to someone who is already under the influence. When that party goes on to cause a collision, social hosts and dram shops can be found civilly liable. Other parties who are commonly found liable in fatal car accident claims include:
- Municipalities
- Government officials and agencies
- Auto parts manufacturers
- Vehicle designers
- Dealerships
- Parts suppliers and distributors
- Safety inspectors
You can find out more about who could be responsible for causing your loved ones’ deaths when you contact a fatal car accident attorney in Rockledge for legal guidance and support.
Legal Options After Rockledge Fatal Car Accidents
There are a couple of different options that may be available to you and your family after losing a loved one in a fatal car accident. Generally, the liable party will be represented by an insurance company. They will have purchased certain types and amounts of coverage that could provide your family with some financial relief.
However, in many cases, insurance settlements are not enough to adequately meet the surviving family member’s needs. They may not adequately compensate the surviving family members for their damages. When this happens, or if the defendant does not carry insurance coverage, you may have the opportunity to file a wrongful death action against them.
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"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. 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!!!!"
Florida Wrongful Death Laws That Can Affect Your Rockledge Fatal Car Accident Case
Wrongful death laws in Florida are strict. When you lose a loved one in a fatal car accident, there are specific wrongful death laws you need to be aware of, including:
- Under Fla. Stat. § 768.20, only the personal representative of the decedent’s estate has the authority to file a wrongful death action in the state of Florida.
- Under Fla. Stat. § 95.11(4)(d), the statute of limitations for wrongful death actions in the state of Florida is just two years.
Wrongful death claims can be filed whether the defendant intentionally or accidentally caused a decedent’s passing. If the defendant’s actions are responsible for causing your loved one’s death, they should be held accountable to the fullest extent of the law. This might include facing criminal charges for DUI, vehicular manslaughter, or other offenses.
Recoverable Damages in Rockledge Fatal Car Accident Claims
Florida law states that wrongful death damages should be separated into two separate categories. There are damages that will be awarded to the decedent’s surviving family members, and there are also damages that will be awarded to the decedent’s estate.
The specific types of damages that could be awarded to the decedent’s surviving family include:
- The deceased’s chronic pain and physical suffering
- The deceased’s emotional trauma prior to their death
- The surviving family member’s loss of the decedent’s services and support
- The surviving family member’s loss of the decedent’s protection, advice, companionship, love, and community
- Loss of parental guidance, companionship, instruction, and support
- The decedent’s funeral and burial expenses
Damages that may be paid to the decedent’s estate include:
- The value of the decedent’s loss of income, retirement savings contributions, wage increases, and surviving family member’s inheritance
- The decedent’s medical expenses
- The decedent’s funeral and burial expenses
These are only a few of the different types of recoverable damages available for a fatal car accident claim in Rockledge. After going over your case, your attorney will have a better idea of how much your case could be worth.
Work With a Fatal Car Accident Attorney Serving Rockledge
When you are trying to grieve the loss of your treasured family member, your morning could be interrupted when you discover that another party’s negligent actions or misconduct caused your family member’s death.
Make sure the person or party responsible is brought to justice. Call Andrew Pickett Law, PLLC for help from attorney Andrew Pickett and his team of experienced paralegals today. You can get a no-cost, risk-free consultation by completing our secured contact form or calling our office.
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