It’s unfortunate when a loved one passes away because of another driver’s negligence. We understand that this time is difficult for you and other surviving family members.
However, there is a limited window of time for the decedent’s estate to file a wrongful death lawsuit. Our wrongful death attorneys can help you win compensation for lost earnings, loss of companionship, and other damages.
Continue reading to learn the other ways we can help you prove wrongful death after a fatal car accident.
DETERMINE WHO WILL FILE THE CLAIM
Your first step will be to determine who will file the claim. This will be easy if the decedent appointed a personal representative in their will to settle their estate. Otherwise, the court will appoint their spouse or next of kin as the personal representative.
- PERSONAL REPRESENTATIVE
A personal representative is someone the decedent appointed in their will to settle his or her estate. If you’ve been appointed as a personal representative, we recommend contacting a wrongful death attorney as soon as possible to help you through the process of bringing a lawsuit.
- COURT-APPOINTED FAMILY MEMBER
If the decedent didn’t leave behind a will (a condition called intestate) or appoint a personal representative, the probate court will choose an appropriate person. Typically, this person is the surviving spouse. However, the court will work through a list of descending kin until a surviving family member can be appointed. Family members may also volunteer for the role of personal representative.
HIRE A WRONGFUL DEATH ATTORNEY AFTER A CAR ACCIDENT
Head-on collisions are considered the deadliest. However, our car accident attorneys have experience representing a variety of cases and are ready to help you move forward with your wrongful death lawsuit.
If your family is weighed down by funeral expenses or medical bills incurred before death, you can’t afford to wait. Call our law firm today to request your consultation with one of our wrongful death attorneys.
DAMAGES FOR WRONGFUL DEATH CAN INCLUDE:
- Decedent’s pain and suffering before death
- Medical bills incurred before death
- Funeral expenses
- Lost earnings
- Lost inheritance
- Services decedent would have provided
- Loss of consortium (love, comfort, companionship, etc.)
FILE CLAIM WITHIN 2 YEARS OF DEATH
In the state of Florida, the decedent’s estate has 2 years from the date of death to file a wrongful death lawsuit. For this reason, we recommend hiring a wrongful death attorney as soon as possible to provide legal guidance. Our car accident attorneys will make sure you don’t miss your deadline to file so you can get the compensation you need for lost earnings, funeral expenses, and other damages.
EXPECT PUSHBACK FROM CLAIM ADJUSTERS
It’s important to understand that the claim adjusters are not on your side. No matter how deserving your claim, the insurance company is working on behalf of the liable party to pay as little compensation as possible (if any). Fortunately, our car accident lawyers can help you gather the evidence you need to prove liability for a wrongful death. We understand how death affects families and will make sure your claim isn’t dismissed on a technicality. We stand for justice.
You’ll need to prove that the other driver’s negligence caused the fatal car accident. Fortunately, our car accident attorneys can help you gather the evidence needed to win compensation. To show negligence, you need to prove that the defendant owed a duty to the decedent to exercise reasonable care. Check out the other elements of a wrongful death lawsuit below.
YOU MUST SHOW THE FOLLOWING TO PROVE WRONGFUL DEATH:
- Defendant owed a duty to the deceased to exercise reasonable care
- Defendant breached duty
- Defendant’s breach of duty caused death
- Defendant could have foreseen harm
- Defendant’s breach of duty caused actual damages
REQUEST A LEGAL CONSULTATION
Have questions about your wrongful death lawsuit? Our lawyers are proud to represent clients near Cape Coral, Naples, and Fort Myers. To schedule a legal consultation with one of our Florida wrongful death attorneys, call Lusk, Drasites, & Tolisano PA at (800) 283-7442.
This blog post has been updated.