Losing a spouse, child, or parent in a fatal car accident is devastating. The sudden loss also tends to place a significant financial strain on the surviving family members, especially if the deceased was the family’s primary earner. If this has happened to you, consider retaining the help of our Volusia County car accident lawyer for guidance and representation to seek justice and compensation for your tragic loss.
The Law Offices of Anidjar & Levine can investigate the accident that resulted in your loved one’s wrongful death, gather evidence, and build a compelling case for compensation. Our attorney can help you navigate every aspect of a wrongful death claim or lawsuit, so you never feel alone or overwhelmed from the legal process during this difficult time.
Our Fatal Car Accident Attorney Can Help You Seek Compensation
When a loved one dies in a car accident, Florida allows the personal representative of the decedent’s estate to file a wrongful death case on behalf of any surviving family members, perFlorida Statutes § 768.20.
Any awarded compensation is secured by the deceased’s estate for their survivors and dependents. The compensation may cover damages, such as:
- Funeral or burial expenses
- Any medical bills and income loss the deceased incurred between the accident and the day they died
- Pain and suffering
- Loss of comfort and companionship
- Loss of protection, guidance, and emotional support
Our Volusia County fatal car accident lawyer will investigate the accident that caused your loved one’s death and assess which losses you can pursue.
Our Fatal Car Accident Attorney Can Gather Evidence To Establish Liability
To prove the other driver is at fault, our fatal car accident lawyer in Volusia County can demonstrate how the elements of negligence panned out in your case. These elements are:
- Duty of care: The at-fault driver owed a duty of care to the deceased to adhere to all traffic laws and operate the vehicle safely.
- Breach of duty of care: The at-fault driver breached the duty of care by engaging in a negligent action, such as speeding, driving on the wrong side of the road, driving while talking on the phone, or under the influence of drugs or alcohol.
- The breach of duty caused your loved one’s death: The at-fault driver’s negligent action directly or proximately resulted in an accident that caused your loved one’s death in addition to financial and non-financial damages.
Potential Liable Parties In A Fatal Car Accident Case
In some cases, an individual or entity other than the driver can hold liability for the fatal accident. Some potentially responsible parties include:
- Vehicle manufacturer: If a mechanical defect or malfunction caused a fatal accident, the manufacturer could be liable. This includes wrecks that involve faulty brakes and defective airbags.
- Government agency: If the accident stemmed from a dangerous road condition such as a missing guardrail, unfixed potholes, or broken traffic signal, the local government entities could be responsible for the fatal crash.
- Employers: If the at-fault driver operated the vehicle for a job, their employer could be vicariously liable for the accident. This applies to wrecks in which commercial vehicles are involved.
- Repair companies: If the accident happened because a mechanic or another technician performed improper or negligent repairs, the company responsible for such faulty maintenance could be held liable.
Types Of Evidence We May Gather
Our wrongful death attorney will work hard to assimilate the necessary evidence to demonstrate those responsible for your loved one’s demise. Some examples of evidence we will use to identify this party or parties include the following:
- The official police report that details information about the wreck, such as eyewitness statements, preliminary assessment of its cause, and fault
- Eyewitness testimonies from any individual that witnessed the accident first-hand
- Expert witness testimony, such as statements from accident reconstruction specialists who can provide their opinions on specific elements, such as points of impact and the possible speed at which the at-fault driver drove at the time of the collision
- Photographs and videos taken at the accident site depicting the damage, road conditions, and vehicle positions
- The medical and autopsy reports that establish the cause of death and its link to the accident
- Other documents, including maintenance records, data from event recorders, traffic violation records, and cell phone records
How Our Fatal Car Accident Attorney In Volusia County Can Serve You
If we decide to take on your case, we will dedicate our knowledge and resources to give your case the best chance at success. Our team will:
- Investigate to uncover the different elements surrounding how the accident happened and who was responsible
- Gather an array of evidence to establish liability and damages
- Determine the full range of compensable losses relevant to your wrongful death case
- Negotiate with the liable insurer until they agree to a fair settlement
- Represent your case in court if litigation is necessary for a fair settlement
- File all paperwork within the deadline
We cannot begin to assist you unless you contact us first. In Florida, you generally only have two years from the date of your loved one’s death to initiate a wrongful death lawsuit, perFlorida Statute § 95.11(4)(d).
It’s critical that you call us as soon as possible to ensure your rights to secure compensation are protected and that your lawsuit doesn’t get dismissed due to an expired statute.
Learn More About How Our Volusia County Fatal Car Accident Lawyer Can Help
For more information and to initiate the process of filing a wrongful death claim or lawsuit, contact the Law Offices of Anidjar and Levine today. We pride ourselves on providing responsive legal care and going the extra mile for each of our clients.
Over a free consultation, we will review your case, evaluate its potential, and answer all your questions about how we can help you seek compensation.
We Can Help.
