Thousands of people lose their lives in motor vehicle accidents annually across the United States, leaving their loved ones in emotional, mental, and financial distress. According to the National Safety Council (NSC), researchers estimate that nearly 39,000 people suffered fatal injuries in car accidents in 2019, many of which could have been prevented if drivers had taken the appropriate precautions and practiced safe habits behind the wheel.
If you lost a loved one in a traffic collision in Punta Gorda as the result of another driver’s negligence, a Punta Gorda fatal accident lawyer can help you file a claim or lawsuit for financial recovery. Contact the legal team at the Law Offices of Anidjar & Levine today at 1-800-747-3733 to discuss your free consultation.
Fatal Car Accidents in Florida
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that in 2018, more than 400,000 accidents occurred throughout Florida, including over 3,100 fatalities. Approximately 2,700 of these collisions took place in Charlotte County alone, including 25 fatal accidents. The total number of motor vehicle accidents, injuries, and fatalities all increased between 2017 and 2018.
Causes of Fatal Car Accidents
The National Highway Traffic Safety Administration (NHTSA) conducted their National Motor Vehicle Crash Causation Survey (NMVCCS) using data from accidents that occurred between 2005 and 2007 to determine the causes of traffic collisions. Researchers found that the large majority took place because of driver error, which they classified into four categories:
- Recognition error
- Decision error
- Performance error
- Non-performance error
Recognition errors, in which drivers did not recognize a potential hazard on the road, accounted for 40% of the accidents, with inadequate surveillance ranking first. A driver’s failure to take their surroundings into consideration resulted in approximately 1 in 5 accidents attributed to driver error. Other common driver errors included:
- Internal distraction
- Driving too fast for conditions
- Illegal maneuver
- Misjudgment of others’ speed
FLHSMV also noted the prevalence of impaired driving accidents in Florida. According to the agency, nearly 1 in 5 fatal collisions throughout the state involved a driver confirmed to have had alcohol, drugs, or both in their system at the time of the accident. If you lost a loved one in a Charlotte County traffic collision, a Punta Gorda fatal accident lawyer can help you pursue financial awards. Call the Law Offices of Anidjar & Levine today at 1-800-747-3733 to get started on your case with our legal team.
Financial Recovery for the Families of Loved Ones
In some cases, the families of victims who lose their lives in fatal car accidents in Florida can hold the liable party accountable for the damages that accrued due to their loss. State laws make the process more complicated than some other states, though, as the state has a no-fault insurance system that requires drivers to pay for their own injuries.
In the event of an accident resulting in death, Florida Statutes §627.736 requires the victim’s insurance carrier to provide $5,000 in death benefits to the family of the victim, which may help cover funeral and burial expenses. However, this sum may not adequately provide for all damages, in which case the family may file a claim against the at-fault driver for additional recovery, such as:
- Medical expenses
- Loss of earning capacity
- Pain and suffering
Our attorneys will evaluate your damages and help you determine a fair amount to pursue in your case.
A Punta Gorda Fatal Accident Lawyer Can Help You Take the Next Steps in Your Case
Losing someone you love in a car accident has lasting effects that can make it difficult to approach your case by yourself. Our lawyers make sure you do not have to navigate the complex Florida legal system on your own by managing your case on your behalf. We can guide you through the entire process from start to finish by:
- Providing you with a free consultation
- Examining the details of your case to prove negligence
- Establishing liability using relevant evidence
- Ensuring that you fill out all necessary paperwork by their respective deadlines
- Evaluating the total of your damages and seeking financial recovery accordingly
- Handling all communications with the insurance companies and the opposing legal teams on your behalf
- Fighting for a fair settlement amount for you
In many cases, we do not have to take lawsuits to trial to achieve adequate financial awards. However, if we feel that we cannot agree on a fair settlement amount for you in negotiations, we will take your case to trial.
Florida Statute of Limitations on Fatal Accident Claims
Every state establishes its own statute of limitations, or time during which a victim’s loved ones can file a civil action against the liable party, on wrongful death cases. In Florida, the personal representative of the victim’s estate can file a wrongful death suit within two years of the victim’s death in most cases, although there are exceptions under certain circumstances. If the victim did not have a will, the court will appoint an estate representative.
Contact the Law Offices of Anidjar & Levine Today for Legal Assistance
If you lost a loved one in a fatal car accident in Punta Gorda, you may feel overburdened by the many challenges you face. You should not have to worry about the added stress of working your way through the legal process on your own. We know you have financial struggles right now, and our lawyers are here to help, not make it worse. At the Law Offices of Anidjar & Levine, we offer everyone a free case evaluation, and you do not owe us any fees unless we achieve financial recovery for you. Contact our legal team anytime to speak with us about your case.
We Can Help.