Losing a loved one due to the negligence of another is a difficult situation to cope with. You might feel powerless to do anything about it, but you are not without help. You may be able to file a wrongful death claim against the negligent party. An Orlando fatal car accident lawyer at the Law Offices of Anidjar & Levine is here for you. You can speak with us during a free consultation to find out your rights and your legal options to pursue a wrongful death in Florida.
We Don’t Charge You For Our Legal Service Upfront
We don’t charge our clients any legal fees upfront, so you can seek justice for your loved one and recover compensation without financial burden. Our attorneys work on a no-win-no-fee agreement. We do not collect any payment unless we win your case.
For a free legal consultation with a fatal car accidents lawyer serving Orlando, 800-747-3733
Recoverable Damages In An Orlando Fatal Car Accident Case
A wrongful death is one in which the negligent or intentional actions of one party lead to the death of another. A fatal crash that resulted from a failure to yield or driver distraction could be considered wrongful death. Florida Statutes §768.19 allows the surviving family members to recover compensation for the economic losses and pain and suffering they’ve experienced due to the death. You may be entitled to recover:
- Loss of future earnings or pension
- Loss of services
- Loss of consortium
- Loss of guidance
- Loss of love or affection
- Loss of protection
- Funeral and burial expenses
- Additional pain and suffering from grief, depression, insomnia, or other emotional trauma
If you’ve lost a loved one in a fatal car accident, we extend our deepest condolences to you during this time of sorrow. When you put your trust in us, an Orlando fatal car accident attorney will do everything in their power to bring you justice and peace of mind.
OrlandoFatal Car Accident Lawyer Near Me 800-747-3733
Why File A Wrongful Death Claim For A Fatal Car Crash In Orlando?
Most car accidents are preventable. Driver error is usually to blame. It accounts for 94% of traffic collisions, according to the National Motor Vehicle Crash Causation Survey (NMVCCS) conducted by the National Highway Traffic Safety Administration (NHTSA). Driver distraction, driving under the influence, speeding, and failing to yield are all things that never have to happen, but they do when a driver is not mindful of his actions or the safety of others.
When those actions lead to the death of another, someone must hold the driver accountable. The lives of others may depend on it. You can do that through a wrongful death claim. Many car accidents are not the result of an intention to harm or a criminal offense, which means criminal prosecution is not a likely means of justice. A wrongful death claim allows you to obtain a form of justice that you might not have otherwise
Further, it can help you recover the financial losses you’ve suffered as a result of losing your loved one and bring you a sense of closure that allows you to heal emotionally.
Get Answers From An Experienced Attorney.SPEAK TO AN ATTORNEY NOW
Our Orlando Fatal Crash Lawyers Build A Case Establishing Negligence
Our Orlando fatal car accident attorneys will work to prove that the other driver or party acted negligently, leading to your loved one’s death. Negligence is the failure to use reasonable care in performing one’s duties. Filing a claim for compensation based on the theory of negligence requires your attorney to demonstrate the following things:
- Duty: The driver had a responsibility to drive carefully
- Breach: The driver failed in his or her duty to drive safely, the act of which could be making an illegal U-turn, running a stop sign, or inadequate surveillance for example.
- Causation: The failure to drive carefully was the proximate cause of the fatal crash that took your loved one’s life.
- Damages: You experienced damages due to the death. These may be financial or emotional.
If the at-fault party is not another driver, it is still incumbent upon the plaintiff’s attorney to establish that negligence took place and that it resulted in damages. The specifics of the duty and the negligent act will change.
Orlando Fatal Car AccidentsYOU CAN TRUST US 800-747-3733
Identifying Liable Parties In A Fatal Car Accident
While most car crashes are due to driver negligence, there may be an additional at-fault party or an entirely different party responsible. Our fatal car accident lawyer serving Orlando will perform a deep investigation into the circumstances of the crash to determine who caused or contributed to the accident. We may look into the following parties:
- The other driver – Negligent actions, such as running a red light, failing to yield, distracted driving, improper lane use, or driving under the influence might have caused the crash.
- Car manufacturer – Defects with the car, such as parts that have been recalled may have led to the crash that cost your loved one their life
- Tire manufacturers – Defective tires, such as those with worn treading may be to blame.
In rare cases, other parties may be to blame for the car accident, such as a governmental entity or a local business. Our accident lawyers will take a comprehensive look at your case to determine all liable parties.
Who Can Bring A Wrongful Death Claim In Florida?
Filing a wrongful death claim for a fatal car accident in Orlando requires that you understand the law in Florida. Per Florida Statute 768.21(6), only the decedent’s personal representative can file a wrongful death action. Compensation will be distributed to the decedent’s surviving relatives, which include spouse, children, and parents. Your Orlando fatal car crash attorney can explain how wrongful death claims work in Florida.
How Long Do I Have To File A Claim For A Fatal Car Crash In Orlando Florida?
The Florida statute of limitations for a wrongful death lawsuit is two years from the date of death. If you believe you have a viable wrongful death case arising from a car accident, it’s important to contact our Orlando fatal car accident lawyer right away to get the ball rolling. Waiting to initiate legal action could result in losing the right to recover financial compensation and seek justice for your loss. The court may dismiss your case if you miss the filing deadline.
The Law Offices Of Anidjar & Levine Can Help You Get Justice For A Fatal Car Crash
If you lost a loved one in a fatal car crash in the Orlando area, don’t hesitate to call the Law Offices of Anidjar & Levine. We have a dedicated team of fatal car crash lawyers and support staff ready to help you through this difficult time and fight for the compensation you deserve. Call us immediately for a free consultation.
We want to put our knowledge, experience, and resources to work for you.SPEAK TO AN ATTORNEY NOW