A fatal car accident can take the life of your spouse, parent, or child. Your loved one may have substantial hospital bills. You may recover compensation for the financial loss of your loved one. You can also recover compensation for your loss of companionship with your loved one.
If a car accident killed your spouse, parent, or child, call a fatal car accident lawyer in Florida at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation. Let our lawyers go to work to get you compensation from the at-fault party.
Most Common Fatal Car Accidents
Some accidents are more dangerous than others because of the protection cars provide. Cars must be crashworthy—bumpers absorb impacts, seat belts and airbags reduce injuries. But some accidents can be extremely dangerous.
A head-on accident can be deadly. Both vehicles can be traveling at high speeds, making the impact significant. A stationary object, like a wall, has no give when a vehicle strikes it, causing great damage to the car and fatal injuries to the driver and its occupants.
When another vehicle hits a car in the side, there is no bumper to absorb the impact. Seat belts and airbags provide more protection when the impact is to the front or rear of your car. The side impact may propel the car into another car or object.
When another vehicle forces a car off the road or down an embankment, the car can roll over. The roof can collapse, trapping or crushing the car’s occupants. The car can also catch fire.
Did your loved one die in a car accident? You may receive compensation for your financial and personal losses. Contact a fatal car accident lawyer in Florida at the Law Offices of Anidjar & Levine for help.
Proving Liability for a Fatal Car Accident
To establish liability against the driver for a fatal car accident, our attorneys must show a driver was negligent. The driver owed a duty, breached this duty, and caused the fatal injury. What conduct can our attorneys show?
- The driver was on the wrong side of the road or passed a vehicle on a two-lane highway.
- The driver was speeding, ran a red light, or failed to yield the right of way.
- The driver was distracted, such as talking on the phone or texting at the time of the accident.
- The driver was under the influence of alcohol, used drugs, or took prescription medication with side effects.
- The driver was fatigued or fell asleep.
Someone other than the driver could be liable. Defects can cause single-car or two-car accidents. Our attorneys do not have to show negligence to prove the manufacturer’s liability, we only must show there was a defect and this defect caused the accident. What type of defect can cause a fatal accident?
- Defective tires
- Steering defect
- Faulty brakes
- Defective seat belt or airbag
What do our personal injury attorneys do to prove liability for a fatal accident?
- We investigate the accident scene. Skid marks can show how soon a driver applied the brakes before the accident.
- We interview any witnesses to the accident.
- We get footage of the accident from a traffic camera or surveillance camera in the area.
- We obtain the police report and get cell phone records to determine if a driver was on the phone or texting at the time of the accident, and check the results of any breath or blood alcohol tests.
- We hire an expert to examine a vehicle for a defect that caused the accident.
Florida follows a pure comparative fault rule. The fault of your loved one does not bar recovery, even if the decedent’s fault was more than 50 percent. The fault reduces the recovery by the percentage of fault assigned to the decedent.
If your loved one dies in a car accident, you may get compensation from the at-fault party. Call a fatal car accident lawyer at the Law Offices of Anidjar & Levine.
Recovering Compensation for a Fatal Car Accident
Following a fatal car accident, the personal representative of the decedent’s estate can file a wrongful death action to recover losses incurred by the decedent before her death and to recover compensation for the decedent’s family members.
Filing a Suit After a Fatal Car Accident
In Florida, you must file a wrongful death action within two years of the decedent’s death.
The decedent may not have died at the time of the accident. She may have incurred significant doctor and hospital expenses. Life-saving measures, including Life Flight costs, can be substantial.
Lost Wages and Lost Earning Capacity
Your loved one may have been the breadwinner of your family. You can get compensation for the value of the decedent’s life. What will our attorneys do?
- Our attorneys gather the decedent’s employment records.
- If your child died in a car accident, we talk to you about the child’s career path and review his or her academic records.
- We consult with an economist who converts the amount to present value and assigns a monetary value to the decedent’s life.
The Decedent’s Pain and Suffering
The decedent can live days or weeks following an accident. Your loved one may have experienced excruciating pain before her death. Our attorneys interview family members and caretakers to establish the extent of the decedent’s pain and suffering.
You can recover the decedent’s funeral and burial expenses from the at-fault party.
Family Member’s Loss
Family members can recover for the loss of companionship and intimacy they shared with the decedent. Family members can recover for their own mental pain and suffering. Our attorneys will interview you about the bond you shared with your loved one.
If your loved one suffered a fatal injury in a car accident, call a fatal car accident lawyer in Florida at the Law Offices of Anidjar & Levine at 1-800-747-3733 for a free consultation.