Florida Lawyer Representing Parties Harmed by Fatal Car Accidents
Hundreds of collisions occur each day in Florida, and while many people are fortunate enough to walk away unscathed or only suffer minimal injuries, others sustain devastating harm that is ultimately deadly. Losing a loved one can be difficult under any circumstances, but when a death is caused by reckless driving, it can lead to overwhelming grief and frustration. If you lost a loved one in a fatal car accident, you have the right to pursue damages from the responsible party that caused the collision, and you should speak to a Pensacola personal injury attorney as soon as possible. At Cardoso Law, PLLC, our capable Florida attorneys are mindful of the devastation the sudden death of a family member can cause, and if we represent you, we will fight to help you seek the justice you deserve. We have an office in Pensacola, and we frequently represent people in car accident cases in cities throughout Florida.
Common Causes of Fatal Car Accidents
While fatalities can occur in a variety of collisions, some types of accidents are more likely to be deadly than others. For example, accidents that occur at a high rate of speed often create such a substantial amount of force that the impact causes fatal harm. Similarly, rollover crashes and T-bone accidents often result in lethal crush injuries. Accidents caused by motorists who cannot control their vehicles because they are under the influence of alcohol or drugs frequently result in deaths as well. Negligently designed or maintained roads and defective vehicles or vehicle parts can also lead to fatal collisions.
Proving Liability for a Fatal Car Accident
When people are killed in fatal car crashes, their surviving family members have the right to seek damages from the parties responsible for the collisions. Specifically, Florida’s Wrongful Death Act (the Act) states that when a person’s death is caused by negligence or a wrongful act, the deceased person’s survivor and estate can pursue claims against the party that caused the fatal injury.
Generally, in a case arising out of a fatal car accident, the plaintiff will set forth a negligence claim against the defendant. In Florida, establishing negligence requires proof that the defendant had a duty to act as a reasonable person would under the circumstances but that the defendant behaved in a manner that constitutes a breach of the duty. The plaintiff must also show that the defendant’s breach of the duty owed caused the accident and that the accident caused the deceased person to sustain fatal injuries.
The damages available in wrongful death cases arising out of fatal car accidents are specifically set forth in the Act. The Act provides that the deceased person’s estate can recover damages for the lost earnings from the time the fatal injury occurred until the time of death, subject to some deductions. The estate may also recover damages for the estimated income the deceased person would have earned throughout the duration of his or her life and medical and funeral costs. The Act also states that survivors may be awarded compensation for the loss of the deceased person’s support and services and for the emotional trauma caused by the deceased person’s death. Only people who fall under the Act’s definition of survivors can recover such damages, however.
Speak to a Seasoned Pensacola Attorney
Car crashes can cause various injuries, some of which are terminal, and drivers who negligently cause fatal car accidents should be held accountable. If you lost a loved one in a collision, you may be owed compensation, and you should speak to an attorney. The seasoned car accident lawyer of Cardoso Law, PLLC, is adept at navigating the legal and emotional complexities of lawsuits arising out of deadly collisions, and if you hire us, we will advocate zealously on your behalf. Our office is located in Pensacola and we regularly represent people in wrongful death lawsuits in Pensacola, Ferry Pass, West Pensacola, Cantonment, Brent, Bellview, Century, Milton, Navarre, Gulf Breeze, Jay, Crestview, Fort Walton Beach, and Niceville. We also help people who suffered personal injuries in cities in Santa Rosa, Escambia, and Okaloosa Counties and throughout Florida. You can reach us via the form online or at (850) 466-2073 to set up a conference.