Losing a loved one in a fatal car accident can alter the course of your life forever. You may be responsible for their hospital bills and other expenses on top of the emotional challenges of a loss. You might be eligible for compensation for these damages, so you may want to get in touch with a Winter Haven fatal car accident lawyer immediately.
If your spouse, child, parent, or other loved one passed away in a fatal car accident, Dismuke Law could help you throughout the legal process. You might be entitled to compensation, and we can be your voice and advocate from start to finish of your case.
Types of Compensation Your Family Can Receive After a Fatal Car Accident
When a fatal accident occurs, the next of kin to the decedent can file a wrongful death lawsuit to recover any losses they’ve incurred. There are a few different types of losses a family can recover in a wrongful death claim, including financial and non-financial losses. These include:
Medical Expenses
In some cases, the decedent’s severe injuries resulted in hospital stays and mounting medical bills. Some of these expenses could be substantial and be left to the next of kin to pay.
Lost Wages and Lost Earning Capacity
If your lost loved one contributed significantly to the income of the household, you could sue for lost wages and lost earning capacity. To prove your case, our attorneys will gather evidence, such as the decedent’s employment records. We can seek the help of an economist to place a monetary value on the life of the decedent.
Funeral Expenses
The liable party may need to pay for your loved one’s funeral and burial expenses.
Loss of Companionship and Other Intangible Losses
Losses can also be recovered for the loss of companionship, instruction, and guidance from your loved one. You can also seek damages for your pain and suffering following the loss.
We will interview the next of kin to learn more about the relationship you had with your lost loved one and use that as evidence to prove your case.
Why Work With a Fatal Car Accident Attorney in Winter Haven, FL?
You shouldn’t have to handle the challenges of a legal case while grieving your loss. Our lawyers know how to deal with the process for you. We can:
- Investigate the accident and gather crucial evidence
- Show who bears liability
- Demonstrate the extent of your family’s losses
- Negotiate an out-of-court settlement
- Take your case to trial and litigate if necessary
- Advise you of your rights and protect your family’s best interests
Unfortunately, even in clear cases of driver negligence that led to your loved one’s accident, you can still deal with challenges to your case. Insurance companies will try to protect their bottom line. They may say that their client wasn’t responsible for the crash or that you don’t deserve compensation.
Our fatal car accident lawyers in Winter Haven, FL know better—and we know how to speak up for your family. We can work to ensure that your losses are fairly compensated. Our team won’t let the insurance company or their lawyers deny your family the justice you deserve. Instead, we will handle all the details of your wrongful death case so that you don’t have to.
How to Prove Liability for a Fatal Car Accident
To be proven liable for a fatal car accident, the driver must be proven negligent. All drivers have a certain duty of care to protect other drivers on the road. When drivers are negligent and that duty of care is breached, they could be at fault for the accident.
The attorneys at Dismuke Law can show the following as evidence of negligence:
- The driver traveled at excessive speeds, failed to yield at a red light, or did not yield the right way.
- Distracted driving occurred, which could include texting or talking on the phone.
- They were driving under the influence.
- The driver was tired or was experiencing fatigue.
- The driver was going the wrong way or was attempting to pass illegally.
Although another driver is often at fault, sometimes, mechanical defects could cause fatal accidents as well. When a defect is the cause of the accident, your lawyer does not have to prove that the manufacturer is liable, just that the defective part caused the accident. These types of defective parts could cause an accident:
- Defective tires
- Defect with the steering system
- Brake issues
- Seatbelt or airbag malfunction
How Our Attorneys Gather Evidence
Our attorneys will get a copy of the police report to determine if any citations were issued to the other driver. To prove negligence and liability for a fatal accident, our attorneys will also gather many other forms of evidence, such as:
- Eyewitness accounts
- Expert analysis, such as accident reconstruction data
- Visiting the scene to look for evidence
- Searching for accident footage from security cameras or other sources
If the driver was an employee working at the time of the accident, such as a delivery driver or truck driver, we can also investigate the company’s records. We can look at logbooks, black box data, and more.
If your loved one recently passed away in a car accident, you might be eligible for compensation. Reach out to a fatal car accident attorney in Winter Haven, FL at Dismuke Law today.
Get in Touch With Dismuke Law to Get Help From a Wrongful Death Lawyer
We understand how difficult it can be to deal with the loss of a family member and want you to be fairly compensated for your mental anguish and the expenses you’ve incurred. Therefore, we recommended getting in touch with a Winter Haven fatal car accident lawyer immediately.
We are ready and able to help you with your case and get you the justice and compensation you deserve from the liable party. Contact Dismuke Law today for a free consultation.