We expect everyone to follow traffic laws and be aware of their surroundings. But even under the best circumstances, accidents can still happen. Losing your loved one in a car accident can be traumatizing. It can be challenging to know what to do next. Perhaps the last thing you want to think about is the legal aspects.
However, you may be eligible to recover compensation if your loved one died in a car accident. The legal team at Dismuke Law is ready to connect you with a Riverview fatal car accident lawyer who can help you with your case.
Who May Be Responsible for a Fatal Car Accident?
Car accidents can be caused by many factors. Certain driver behavior can increase the accident risk. For example, distracted driving or driving under the influence of alcohol can increase the risk of accidents. Reckless drivers may not follow traffic laws or respond appropriately to changes in driving conditions.
Sometimes, more than one driver will be responsible for an accident. In cases like these, you may pursue compensation from more than one party. Groups involved in a vehicle’s manufacturing may also be at fault. For example, if a manufacturer installs improper brakes on a car, the manufacturer may be responsible for the accident. Groups like construction crews may also be at fault if they failed to warn drivers about changes in road conditions.
When you consult with an attorney about your case, they may be able to help you determine who was at fault for your accident. From there, they can review what sort of legal options you have available to you.
Legal Aspects of Fatal Car Accident Cases
A fatal car accident is a type of wrongful death case. In wrongful death cases, the actions of a person or group contributed to someone’s death. Sometimes, a person could face criminal charges for an incident surrounding someone’s death.
However, a wrongful death case is where you pursue monetary compensation from those responsible for your loved one’s death. The civil court handles wrongful death cases rather than the criminal court.
Proving Negligence
In a wrongful death case, your lawyer works to prove the negligence of those responsible for your loved one’s death. Negligence is when someone fails to act how a reasonable person would have acted under the same circumstances. For example, consider the following components of negligence in a fatal car accident case:
- Someone, like another driver, had a certain duty to drive safely on the road and follow appropriate traffic laws.
- The driver failed to act appropriately. Perhaps they were speeding, or maybe they were distracted.
- Your loved one was in an accident that resulted in your loved one’s death.
- The accident and the death of your loved one were caused by the actions of the careless driver.
What Compensation Can I Receive in a Fatal Car Accident Case?
Compensation will be different in each wrongful death case. We will not know how much you may receive in compensation until your case is complete. However, after a careful review of the evidence, we may be able to give you an estimated compensation amount. We can work to determine what you have lost because of the death of your loved one. No amount of money can replace the person you’ve lost, but compensation could help to cover some of the costs of your loved one’s death.
Funeral and burial costs could be covered by compensation. You may also be able to recover compensation for your pain and suffering and the loss of support from your loved one. This could include loss of financial support, but it could also be for loss of emotional support or loss of companionship.
How Can an Attorney Help Me with My Case?
When you choose to work with an attorney from Dismuke Law, we will work to help you with the legal components of your fatal car accident case. We aim to make the process as simple as possible and provide you with the legal help you need.
For example, your attorney will go over what happened in your case and whose actions may have contributed to your loved one’s death. They will go over your legal options and advise you about possible courses of action. Suppose you choose to pursue a fatal car accident case. In that case, your attorney will work to collect and present the evidence that supports your claim. They will represent you in any legal proceedings but also handle the paperwork and negotiate with everyone involved.
Your attorney will also update you and answer questions related to your case.
What Is My Deadline for Filing a Fatal Car Accident Lawsuit?
In Florida, there is a specific timeframe for when people can file lawsuits. In a wrongful death case, you have two years to file a wrongful death lawsuit, according to Fla. Stat. § 95.11. Once this deadline is up, you will be unable to file a lawsuit related to your loved one’s death.
It can be helpful to consult with an attorney early to ensure you don’t miss this window. Consulting with an attorney also helps you understand your options, even if you choose not to pursue compensation.
Begin Your Case with a Free Consultation Today
Dismuke Law offers free consultations. At a consultation, we review your case’s facts to help you decide what to do moving forward. We understand that this is a difficult time for you and are ready to help you through the process as much as we can.
You can start by calling us, or you can contact us online to get started with your free consultation.