Though car accidents are the most common form of accident, they are entirely unpredictable. When you get in your car each day to drive to work, you do not expect a car accident to happen during your commute. You do not think that today might be the last day you see your family. Unfortunately, the state of Florida has one of the highest rates of fatal car accidents in the country. Each year, over 2,250 fatal car crashes occur, resulting in almost 2,500 deaths. At 13 deaths for every 100,000 people involved in an accident, Florida’s car accident fatality rate is higher than the national average. 42% of these deaths are drivers, 19.9% are pedestrians, 17.3% are passengers, 16.2% are motorcyclists, and 3.4% are bicyclists. Though regular cars account for the majority of fatal car accidents, trucks and motorcycles are close behind. In addition, a whopping 27% of these fatal crashes involved drivers under the influence of drugs or alcohol.
The death of a loved one due to a fatal car accident can be overwhelming and utterly devastating. The shock of the sudden loss may have left your family unprepared to deal with the unexpected death. With the loss of a loved one come other unfortunate consequences, including decisions regarding funerals, how to handle medical bills, and how to provide for the family without the deceased’s support. Florida wrongful death laws allow survivors of fatal car accident victims to seek compensation for their loss in civil court. Kaiser Romanello has spent the past 25 combined years assisting families with the devastating loss of loved ones due to the reckless and negligent acts of others. We vow to provide your family with compassion and understanding and will zealously and aggressively pursue compensation on behalf of you and your loved ones. We provide free consultations to clients throughout the state of Florida, including Broward, Miami-Dade, and Palm Beach Counties. To schedule a free appointment with our wrongful death attorneys, contact Kaiser Romanello today.
FATAL CAR ACCIDENTS
Fatal car accidents are most often caused by negligence. Negligence is the failure to exercise a duty of care towards others. Drivers on the road have a responsibility to follow traffic rules, maintain speed below posted speed limits, obey signs and traffic signals, and exercise caution while driving. Unfortunately, many drivers violate traffic laws, operate vehicles under the influence or simply make careless decisions. Florida law requires these drivers to shoulder the costs of their mistakes because it would otherwise be unconscionable for the victim to have to pay hundreds of thousands of dollars in medical bills, suffer from a lifetime of pain or even death, and lose income because of someone else’s poor driving skills. Thus, when an at-fault driver causes an accident, that driver is liable for the victim’s injuries.
The most contested element in a fatal car accident lawsuit is causation. If the driver is found to be responsible for the crash, the driver will be held to be negligent. The parties will then litigate over damages.
Fatal car accident lawsuits are known as wrongful death lawsuits because the deceased is not able to bring the claim and dictate the course of litigation. In addition, survivors of the deceased suffer their own form of damages. Many families rely on loved ones to provide love and support, as well as contribute financially to the household. Wrongful death lawsuits allow the survivors to seek reimbursement for these losses.
THE FLORIDA WRONGFUL DEATH ACT
Though the Florida Wrongful Death Act is not limited solely to fatal car accidents, it is the controlling statute for all fatal car accident claims. Found in 768.16 of the Florida Statutes, the Florida Wrongful Death Act allows survivors of those killed in car accidents to seek compensation for the untimely death of the loved one. Because wrongful death claims are premised on negligence, the survivors need only prove negligence to prove fault. However, the recipients of the damages will be different than a typical personal injury case. In addition, proving damages becomes more complex.
The Florida Wrongful Death Act allows survivors of a fatal car accident to sue when:
- The at-fault driver’s negligence causes the death,
- Had the victim survived, he or she would have been able to sue under personal injury laws, and
- The defendant would have been liable for the victim’s damages had he or she survived.
A wrongful death lawsuit takes the place of a personal injury lawsuit. The Florida Wrongful Death Act also defines who is entitled to bring the suit. Generally, “survivors” are defined as:
- Spouses
- Parents
- Children and adoptive children
- And other blood relatives who were partially or totally dependent on the deceased for financial support, services or shelter
CONTACT KAISER ROMANELLO, P.A. TO SPEAK WITH A COMPASSIONATE AND CONSIDERATE WRONGFUL DEATH LAWYER TODAY
At Kaiser Romanello, we have counseled families suffering through the pain of losing a loved one unexpectedly through the reckless and negligent acts of others. If you believe you have a valid wrongful death claim, contact our experienced personal injury lawyers to schedule a free, no-pressure consultation to discuss what happened and how we can help. Kaiser Romanello represents families located throughout the state of Florida. Contact us now to speak with a Kaiser Romanello attorney about your case.
