Naples Fatal Car Accidents
Naples is a city located in Collier County with a population of about 20,000 residents. Locals and tourists can explore a number of attractions in the area, including the Naples Zoo, the Naples Museum of Art, the Naples Pier, the Naples Botanical Garden, and the Naples Historical Society’s Historic Palm Cottage. While most people enjoy activities in the city without incident, the reality is that fatal car accidents tragically do take place at times. If you have lost a loved one due to a car crash, our experienced Naples car accident attorneys at Lusk, Drasites & Tolisano can help.Bringing a Wrongful Death Claim After a Fatal Car Accident
According to the Insurance Institute for Highway Safety, there were 2,699 fatal crashes resulting in 2,939 deaths in Florida in 2015. Car occupants made up 31 percent of the total motor vehicle crash deaths. Fatal car accidents may have many causes, including distracted driving, excessive speeding, driver fatigue, drunk driving, street and highway defects, car manufacturing defects, and aggressive driving.
If you have lost a loved one in a car accident that was not their fault, you may be able to file a wrongful death claim against the at-fault party. A wrongful death claim is a civil lawsuit that may be brought in Florida when a person’s death is caused by the “wrongful act, negligent, default, or breach of contract” of another person or entity. The idea behind these claims is to allow family members to seek compensation for the loss of a loved one.
Under Florida law, the personal representative of the deceased person must be the party to file the claim. The personal representative may be named in the decedent’s will or estate plan. If the decedent did not have a will or estate plan, the court will appoint a personal representative. The personal representative files a wrongful death claim on behalf of surviving family members. In Florida, family members who may recover compensation include the decedent’s spouse, children, and parents, as well as any blood relative or adoptive sibling who is partially or wholly “dependent on the decedent for support or services.”
Families who successfully assert a wrongful death claim may be entitled to a variety of damages. Some examples of these damages include medical expenses, lost income and benefits, pain and suffering, funeral and burial costs, loss of companionship, and the value of support and services. The amount of compensation will vary depending on the specific facts of the case.
Florida law also mandates that wrongful death claims be filed within a certain time frame, known as the statute of limitations. This time limit in Florida is two years from the date of the death. A failure to file within the two-year deadline may mean losing your right to be heard by a court altogether.Discuss Your Fatal Car Accident Case with a Naples Attorney
If you have lost a loved one in a car accident, you should not hesitate to reach out to a skilled Naples lawyer who can help you understand your rights. At Lusk, Drasites & Tolisano, our motor vehicle collision attorneys can investigate the facts of your case and help you pursue the compensation that you deserve. To set up a free consultation at which we can discuss your case in more detail, call (800) 283-7442 or contact us through our website.