Mark Roman | October 31, 2019 | Car Accidents
When you’ve received the devastating news of a loved one’s death, you may not know where to begin. You may be seeking closure, compensation, or someone to blame. If your loved one was killed in a car accident, a wrongful death lawsuit may help you find all three.
Car accidents, especially fatal ones, rarely occur when both parties are paying full attention and following the rules of the road. If your loved one was killed by a drunk, distracted, or otherwise irresponsible driver, you may be entitled to compensation. While money cannot undo the accident or resolve your loss, a lawsuit can help you seek justice and recover from the financial consequences of losing a loved one.
- Medical bills for premortem treatment
- Burial and funerary expenses
- Diminished household income
- Lack of support and services
An Important Reminder
Unless the other driver’s actions were especially egregious, filing a lawsuit will not punish them, nor is your legal action designed to make their life more difficult. Rather, the suit should help you and your family recover financially, and hold the defendant responsible for his or her actions. For many grieving families, the sense of fairness and justice a lawsuit provides can help them find closure.
Finding Fault in Fatal Accidents
Every accident has the potential to be fatal, but no two accidents are the same. This is why many law firms, including Roman Austin Personal Injury Lawyers, conduct private investigations to determine fault in fatal car accidents.
For example, if we encountered a vehicle rollover, which is one of the most common types of fatal car accidents, we would investigate to find out what caused the vehicle to lose balance. If another driver struck the vehicle before it rolled over, for instance, we would attribute fault to the driver who inspired the other vehicle’s loss of control.
Other types of fatal car accidents include:
- Head-on collisions in which fault can be determined by examining the rules of the road.
- Side-impact collisions, which account for 25% of passenger deaths, frequently occur in intersections and involve misunderstandings regarding the right of way.
- Sideswipe collisions, which sometimes occur at high speeds on the freeway and are usually the result of improper lane changes.
- Rear-end accidents in which fault is typically uncontested.
Who Can File a Wrongful Death Suit in Florida?
Unfortunately, if your boyfriend, girlfriend, or close friend died in a car accident, you will be unable to file a wrongful death lawsuit. If your spouse, child, or sibling was killed, however, you may be equipped to file a claim.
In Florida, wrongful death lawsuits must be handled by the representative of the decedent’s estate. This individual may be appointed in the deceased person’s will or selected by the court. No matter who brings about the lawsuit, any damages will be awarded to the decedent’s survivors.
State statutes define “survivors” as:
- The decedent’s spouse, children, and parents
- Blood relatives and adoptive siblings who are “partly or wholly dependent on the decedent for support or services.”
How Long Do I Have to File?
Per Florida’s statutes of limitations, you have two years from the date of your loved one’s death to file a wrongful death lawsuit.
If you do not meet this deadline, you will be unable to pursue justice and compensation related to your spouse, child, or sibling’s car accident.
How Do I Get Started?
If you choose Roman Austin Personal Injury Lawyers, your first step will be a consultation. Your initial case evaluation will be 100% free of charge, and our firm will not charge you a cent unless we win your case.
Contact the Clearwater Car Accident Law Firm of Roman Austin Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Personal Injury Lawyers for a free initial consultation with a car accident lawyer in Clearwater. We have four convenient locations in Florida: Clearwater, New Port Richey, and Tampa.
Roman Austin Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
Roman Austin Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
Roman Austin Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
Roman Austin Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655