Our team offers our sincerest condolences if you recently lost a loved one. We understand the challenge of getting through each day. That’s why we want to help you get justice for your loved one and compensation for you and your family.
A Tampa car accident lawyer from our law firm can help with your wrongful death case while you focus on your family and on managing your grief.
While we understand no financial compensation can bring back your loved one, we will do our best to demonstrate how the accident impacted your life to get the settlement you need.
How the Justice System Defines Wrongful Death
Florida Statutes § 768.19 defines wrongful death as injuries caused by another person’s negligence that led to someone’s death. The law goes on to assert that if the decedent had survived their injuries, they would have had the basis of a personal injury claim or lawsuit.
The National Highway Traffic Safety Administration (NHTSA) lists common causes of car accidents. Most are driver errors, but other conditions can also contribute to crashes. Establishing the cause of your loved one’s collision will determine who can be liable for your damages. Causes of your loved one’s car accident may include:
- Speeding
- Tailgating
- Driving under the influence of drugs
- Drunk driving
- Drowsy driving
- Distracted driving
- Driver inattention
- Poor judgment
- Driver inexperience
- Inclement weather conditions, such as rain
- Vehicular malfunction, such as faulty brakes
- Hazardous roadway conditions
You may not see the cause of your loved one’s accident listed above. A Tampa fatal accident lawyer can investigate the circumstances of your loved one’s passing and create a course of legal action.
Injuries That Can Be Fatal After a Car Accident
Roads can be dangerous places if all parties don’t pay attention, and they can lead to car crashes with fatal injuries. The most common fatal injuries include:
- Head and neck trauma: Head and neck trauma can have serious and even fatal consequences. Head and neck trauma occurs when the head or neck is exposed to a sudden physical blow or force, such as in a car accident, sports injury, fall from a height, or violent act. This trauma can range from minor cuts and bruises to serious brain or spinal cord injuries.
- Internal organ damage: Internal organ damage is a serious injury that can occur in a car accident. When a person is involved in an accident, the force of the impact can cause severe trauma to the body, including internal organs. This type of injury can be life-threatening and require extensive medical treatment.
- Traumatic brain injury: Traumatic brain injury (TBI) is a serious and potentially life-threatening injury that can occur as a result of an accident. A TBI occurs when a sudden, strong hit or jolt to the head harms the brain. TBI can range from mild to severe and have long-term physical, cognitive, and psychological effects.
- Spinal cord injury: Spinal cord injuries are some of the most serious and life-altering injuries that can occur in a car accident. When a person suffers a spinal cord injury, it can cause permanent paralysis, loss of sensation, and even death.
- Broken bones: Broken bones are a common injury sustained in car accidents and can be extremely painful and debilitating. If they don’t heal properly, it could cause fatal health issues without immediate treatment.
- Severed limbs: Severed limbs are one of the most devastating injuries that can occur in a car accident. When a limb is severed, it can cause permanent disability, disfigurement, and emotional trauma. Sometimes, the victim may even require amputation surgery to remove the affected limb.
- Internal bleeding is a serious medical condition that can occur when an individual has suffered a traumatic injury. It occurs when blood vessels inside the body are damaged, causing blood to leak into the surrounding tissue or organs. Internal bleeding can be caused by blunt force trauma, such as a car accident, or penetrating trauma, such as a gunshot wound.
- Burns: Burns are one of the most serious and painful injuries a person can suffer. They can range from mild to severe and are even fatal in some cases.
If your loved one died from any of the above injuries, we send our sincere condolences. We’re ready to help you recover compensation to support you and your family through this difficult time.
How Our Lawyers Prove Negligence
To get compensation for your loved one’s death, you must first prove the negligence of the responsible parties. To do this, our lawyers look for four elements of negligence, and all four must be present. These elements include:
- Duty of care: Under the law, the person must act reasonably and avoid hurting others. All drivers have a duty of care to drive safely and do their best to avoid causing accidents.
- Breach of duty: The party breached the duty of care. They could have breached it by engaging in a negligent act or failing to perform an action that could’ve avoided harming someone.
- Suffered an injury that led to death: Your loved one must have suffered bodily injuries that resulted in death.
- Financial and non-financial damages: As a result of your loved one’s death, you and your family must have suffered damages affecting your financial and emotional state.
We understand this can sound overwhelming, but we want you to know we’re here to help you. We’ll review your case in an initial evaluation and determine if you qualify for compensation.
Liable Parties in a Fatal Accident
Various parties can be responsible for the fatal crash that led to the death of your loved one. Depending on the accident, multiple people may be responsible, and we can help you identify them and hold them accountable.
The most common parties responsible in a motor vehicle accident include:
Negligent Driver
The person driving the car is the primary person responsible for controlling the vehicle, so if they look away for even a second, they could cause an accident.
Distracted driving is one of the leading reasons for driver negligence. Actions of an at-fault driver, such as texting while driving, changing the song, and even tending to kids in the back seat, can lead to an accident.
Driver’s Employer
The driver’s employer is another party that could be held responsible for your loved one’s fatal automobile accident. If the employer owns the vehicle, they must ensure it is safe to drive.
The employer must also prioritize the employee’s well-being and ensure they aren’t driving more than the law allows. If they force the driver to drive longer than they should and they get into an accident leading to your loved one’s death, you can file a wrongful death claim against them.
Pedestrian
A person illegally crossing the street can cause a fatal accident just as much as a driver can. For example, if a person runs out into the road and the driver doesn’t see them until the last second, the driver may make erratic choices to avoid them. This could lead to a fatal accident.
If a pedestrian caused your loved one’s accident and death, our Tampa personal injury lawyers could help you. We know how to handle these fatal accidents, and our experienced attorneys are ready to fight for you.
Car Manufacturer
The last party that can be responsible for your loved one’s fatal accident is the manufacturer of the car. Car manufacturers are supposed to ensure that cars are safe for the public before selling them.
If our team lawyers discover a defective vehicle was responsible for your loved one’s death, we can take action against the manufacturer and get you your necessary damages.
Once you know who the negligent party or parties are, you can file an accident claim. When it comes to helping our clients, we’re ready. We do everything in our power to ensure you get the settlement you need to cover any leftover costs your loved one had as an accident victim.
The Statute of Limitations for Losing a Loved One
When you lose someone you love, you only have a short time to file a claim with the insurance company, per Florida Statutes § 95.11. You generally have two years from your loved one’s death to file a lawsuit.
It’s important to file your claim soon after the crash, so you don’t miss the deadline. Another reason to file early is to be more likely to recover a higher compensation amount. Intact evidence and witness testimonies can help your Tampa fatal accident lawyer understand the facts of the accident better and accurately assign damages.
Only Certain Parties Can Recover Compensation in a Wrongful Death Action
Under Florida laws, only a personal representative of the decedent’s estate can initiate a wrongful death claim or lawsuit. If your loved one had a will, they might have designated a personal representative to handle their affairs.
However, if they did not have a will, then a representative would be designated by the court. The court may appoint a personal representative that is part of the decedent’s immediate family, but this is not guaranteed.
Generally, the personal representative brings the claim for the benefit of the victims. The victims can include:
- Spouse
- Children
- Parents
- Family members who were financially dependent on them
Our legal team can explain the complexities of filing a wrongful death action. We’ll help you understand anything that may confuse you.
Potential Damages in a Wrongful Death Claim or Lawsuit
Florida Statutes § 768.21 outlines the potential damages that beneficiaries in a wrongful death action can receive. Family members may recover monetary compensation for economic and non-economic damages.
Economic Damages You Can Recover
Economic damages financially impact you and your family, making it difficult for you to cover regular costs. We help our clients recover the following economic damages:
- Medical bills: Any family member who paid for the victim’s final medical expenses could recover reimbursement for these payments. Our legal team can review the details of the decedent’s health insurance policy to determine the cost of your loved one’s final medical attention and costs.
- Funeral expenses: Any family member who paid for the funeral could recover reimbursement for these payments. This includes the cost of a funeral and memorial and any costs associated with burial or cremation.
- Property damage: If your loved one’s personal belongings, such as a car, phone, glasses, and other things, were damaged in the accident, we can help you recover additional compensation for these items.
- Loss of support: Surviving family members financially dependent on the decedent could recover compensation for the amount of financial support they will lose.
Non-Economic Damages You May Be Eligible For
The other type of damage you can receive after a fatal crash is non-economic. This damage doesn’t affect your financial situation but relates more to the emotional effects you may experience after losing a loved one. Some of the non-economic damages we help our clients recover include:
- Pain and suffering: The pain and suffering your loved one endured before their death can be difficult to think about. You can recover compensation for the pain and suffering they went through.
- Loss of services: If the decedent provided services for a family member, such as housekeeping, childcare, cooking, transporting children, or similar services, a surviving family member can recover compensation for the lost value of these services.
- Loss of companionship and protection: Surviving spouses and minor children may recover compensation for the loss of companionship and protection.
It can be difficult to think about the financial losses you have endured due to your loved one’s passing. Some of these damages are not easy to calculate and may be based on several factors, such as the victim’s net income, life expectancy, or market value of services.
A Tampa fatal accident lawyer can determine the cost of your wrongful death-related expenses and negotiate for that figure with the liable insurer. We can hold the at-fault driver accountable along with any other parties.
How Our Tampa Fatal Accident Attorneys Negotiate With the Insurance Company
After you lose someone you love in a fatal accident, the insurance company may act sympathetic, but the main thing on their mind is retaining as much money as possible. When you work with our team, you won’t have to worry about missing out on the maximum compensation amount because we’ll fight for you to receive it.
Insurance adjusters are known for their tactics to lower the value of your settlement, but we’re trained to recognize their tactics and shut them down. We can protect you from bad faith practices, so you get the full settlement amount.
We’re ready to present evidence of your loved one’s accident, such as the police report, medical records, and photos and videos of the crash and the accident scene. We’ll fight for the fair compensation you qualify for and justice for your loved one.
How Our Contingency Fee Agreement Works
Our team believes all our clients should have access to legal help, regardless of their financial status. That’s why we offer our services on a contingency fee basis. Working on contingency means you don’t have to pay us anything if we don’t secure a settlement.
Even if we file a personal injury claim and present evidence in court, we may not win the settlement. If you don’t win, you don’t pay. We use this method to provide legal help to anyone who needs it.
If you do win your case and a settlement, we’ll discuss how we will deduct our attorney’s fees from your settlement. We can answer any questions you have about it and ensure you understand how it will work.
Average Settlement For a Fatal Car Accident
Many of our clients ask about the average settlement for a fatal accident. But the truth is, since every case is different, we don’t have an answer for you. However, we can tell you the top determining factors of fatal car accident settlements:
Severity of Injuries
The severity of injuries sustained in an accident or incident is often a major factor in determining a settlement amount. The more severe the injury, the greater the damages are likely to be, as medical bills and other associated costs can quickly add up.
In a wrongful death case, when someone sustains catastrophic injuries such as brain damage or paralysis that leads to death, you and your family could recover a higher settlement for the pain and suffering of severe injuries.
Insurance Company Negotiations
Negotiations with the insurance company can significantly impact your settlement amount. The insurance provider will consider various factors when determining how much to offer in the settlement.
These factors include liability, the severity of the injury or damage caused, medical expenses, lost wages, and loss of enjoyment of life. It is important to remember that insurance companies must provide reasonable amounts when settling claims and will usually start with a low offer.
By working with one of our passionate Tampa fatal accident lawyers, you are more likely to be successful in obtaining an agreeable amount from the insurance company. And if you end up taking your case to court because the insurance adjuster isn’t willing to give you a fair settlement, you could even get a higher settlement.
Identifying Negligent Parties
More at-fault parties can increase your settlement by shifting blame away from you as the injured party. If there is more than one at-fault party, each could pay a portion of the settlement to help reduce the financial burden. When multiple parties are liable for an accident, it creates more potential avenues for compensation.
Not only can we hold the parties accountable, and you could receive several payouts, but when we identify the correct parties, it allows our lawyers to correctly assign liability resulting in fair compensation. And if another party was grossly negligent, you could receive a higher amount.
We’ll use these factors to calculate your wrongful death compensation during your free case consultation when you visit our Tampa office.
Contact Our Personal Injury Team For Help
If you lost a loved one because of another person or entity’s negligence, a Tampa fatal accident lawyer from the Law Offices of Anidjar & Levine is here to guide you during this difficult time. We will treat you with compassion and sensitivity while seeking to hold the negligent party responsible for the harm they have caused you and your family.
Focus on your grief while we handle the rest. We can discuss your legal rights and options during a free case review. Call us or fill out the contact form on our website; we’re ready to show you how much we care about our clients by fighting for the compensation you qualify for.
We Can Help.
