Fatal Car Accidents

Fatal Car Accident Attorneys in St. Augustine

Wrongful Death Suits from Fatal Car Crashes

According to the National Highway Traffic Safety Administration (NHTSA), a car accident-related death occurs every 12 minutes. The most recent statistics show that roughly 35,000 individuals die in auto-accidents every single year in the U.S. With Interstate 95 nearby, our team at Canan Law handles many wrongful death cases. If you have lost a loved one in a car accident, it is crucial to hire a law firm with the experience, compassion, and fortitude to help you obtain compensation and pursue legal recourse for your loss.

Studies show that car accident fatalities are most often caused by:

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Reach out to Canan Law at tel:(904) 849-2266 today for experienced legal help with your fatal car accident case. Free consultations available.

Wrongful Death Cases Are Complex — Get an Attorney Who Knows the Law

When it comes to wrongful death incidents, our attorneys at Canan Law take an aggressive approach, often bypassing negotiations with insurance companies and filing a wrongful death action against those responsible. If drinking and driving were involved, we can also pursue a DUI manslaughter case.

In Florida, the law allows a spouse, child or beneficiary of a deceased loved one to seek compensatory damages in a wrongful death cause of action if:

  • Someone other than the decedent was at fault
  • The decedent’s death will result in a financial loss or hardship

Steps to Take After a Fatal Car Accident

Losing a loved one in a fatal car accident is devastating. If you find yourself in this unfortunate situation, here are some immediate steps to take:

  • Contact Law Enforcement: Ensure that law enforcement is called to the scene. A police report will be essential for your claim and the investigation.
  • Gather Information: Collect as much information as possible about the accident. This includes the contact details of witnesses, the insurance information of the other driver, and any photos of the accident scene.
  • Notify Your Insurance Company: Contact your own insurance provider to inform them of the incident. This can help you understand your options and ensure the process is documented.
  • Consult a Fatal Car Accident Attorney: Seek legal counsel to understand your rights and options. A lawyer can guide you through the process of filing a wrongful death lawsuit and help you seek the compensation you deserve.

Understanding Florida's Wrongful Death Laws

Florida law allows family members to seek compensation if they lose a loved one due to someone else's negligence. Here’s an overview of wrongful death laws in Florida:

  • Eligibility for Filing: A spouse, child, or dependent relative can file a wrongful death claim if the death was caused by another person’s negligence.
  • Statute of Limitations: Florida has a time limit for filing wrongful death claims. You generally have two years from the date of the loved one’s death to file the claim.
  • Damages: Survivors can seek various forms of compensation, including:
    • Funeral expenses
    • Medical bills incurred before death
    • Loss of income and future earnings
    • Pain and suffering
    • Loss of companionship

How Comparative Negligence Affects Wrongful Death Claims

In Florida, the comparative negligence rule may influence a wrongful death claim. This means:

  • Partial Fault: If the deceased is partially at fault for the accident, the compensation they receive could be reduced based on their percentage of fault.
  • Example: If the deceased was found to be 20% at fault, the total awarded compensation may be reduced by 20%.

Understanding how this rule applies to your specific case is important to ensure that you receive a fair settlement.

Common Defenses in Fatal Car Accident Lawsuits

When defending against a wrongful death lawsuit, the defendant may use several strategies:

  • Denying Liability: The defendant might argue they were not at fault for the accident, which would require evidence to disprove.
  • Contributory Negligence: The defense may claim that the deceased was responsible for their own death, such as speeding or driving recklessly.
  • Disputing the Cause of Death: The defendant might argue that the death was due to other factors, such as pre-existing health conditions, rather than the accident itself.

These defenses can complicate wrongful death cases, but a skilled attorney can help counter these arguments and protect your rights. 

Frequently Asked Questions (FAQ)

  • How long do I have to file a wrongful death claim in Florida?
    In Florida, you typically have two years from the date of your loved one's death to file a wrongful death claim. This is known as the statute of limitations. It's crucial to act promptly, as failing to meet this deadline may bar you from seeking compensation.
  • What types of damages can I recover in a wrongful death case?
    In Florida, the family of the deceased can seek various types of damages, including:
    • Funeral and burial expenses
    • Medical bills incurred before death
    • Loss of financial support, including lost wages and future earnings
    • Pain and suffering experienced by the survivors
    • Loss of companionship and emotional support
  • Can I file a wrongful death claim if the deceased was partially at fault for the accident?
    Yes, Florida follows a comparative negligence rule. If the deceased was partially at fault, their compensation will be reduced by their percentage of fault. For example, if the deceased was 20% at fault, their recovery may be reduced by 20%.
  • What should I do if the insurance company offers me a settlement?
    Before accepting any settlement, it is crucial to consult with an experienced wrongful death attorney. Insurance companies often offer settlements that are much lower than what you may be entitled to. An attorney can ensure that your settlement covers all damages and fairly compensates you for your loss.
  • How long does a wrongful death lawsuit take to resolve?
    The length of time to resolve a wrongful death lawsuit can vary depending on the complexity of the case. Some cases may be settled relatively quickly, while others may take months or even years if they go to trial. An experienced attorney can help expedite the process and ensure your case is handled efficiently.
  • Can I file a claim if the at-fault driver is uninsured?
    Yes, you can still pursue compensation if the at-fault driver is uninsured in an auto-accident. Your own insurance policy may cover the damages through uninsured motorist coverage, or you may be able to pursue a claim against other liable parties, such as a manufacturer for car defects or a municipality for unsafe road conditions.
  • Do I need an attorney to file a wrongful death lawsuit?
    While you are not legally required to hire an attorney, having experienced legal representation can make a significant difference in the outcome of your case. A wrongful death attorney will have the knowledge and expertise to navigate complex legal processes, ensure you meet deadlines, and fight for the compensation you deserve.

Need Help After a Fatal Auto Accident?
Contact Canan Law at tel:(904) 849-2266 for a free consultation. Our experienced attorneys are ready to help you seek justice and compensation.

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