Filing a Claim for a Fatal Auto Accident: What Spouses, Parents & Other Family Members Need to Know

If your family is coping with a fatal auto accident, finding out if your family has a claim will be an important step in the process of trying to move on. In this scenario, an experienced wrongful death attorney in Florida can help you understand your family’s legal rights, and this will allow you to make informed and confident decisions about what to do next.

Grieving families can file wrongful death claims in a wide range of circumstances. But, along with the emotional anguish involved, filing a wrongful death claim presents a variety of challenges that require relevant experience and in-depth knowledge of Florida law. As a result, working with an experienced wrongful death attorney is essential, and we strongly encourage all grieving family members to speak with an attorney as soon as possible.

7 Important Facts About Filing a Wrongful Death Claim in Florida

What do you need to know about filing a wrongful death claim after a fatal auto accident? Here are seven important facts for spouses, parents and other family members in Florida:

1. Negligent Drivers, Employers and Other Companies Can Be Held Liable for Fatal Auto Accidents

Families can file wrongful death claims involving fatal auto accidents on various grounds. Negligent drivers, employers, rideshare companies, vehicle manufacturers and other companies can all be held accountable in appropriate cases. In most situations, filing a wrongful death claim involves dealing with the at-fault party’s insurance company, and most (but not all) successful wrongful death claims end with out-of-court settlements.

2. It Is Important to Conduct an Investigation As Soon After a Fatal Auto Accident As Possible

While there are various potential grounds to file a wrongful death claim after a fatal auto accident, you must be able to identify the specific cause of your loved one’s crash in order to take legal action. This makes it essential to conduct a comprehensive investigation as soon as possible. Once you engage a wrongful death attorney in Florida to represent your family, your family’s attorney will send an investigator to the scene to preserve any and all evidence that is available.

3. It May Also Be Necessary to Gather Evidence Through Other Means

Along with conducting a forensic investigation at the scene of the accident, it may also be necessary to gather evidence through a variety of other means. For example, depending on the circumstances surrounding your loved one’s accident, it may also be necessary to gather evidence such as:

• Traffic or surveillance camera footage
• Cell phone records
• Employment records
• Vehicle inspection reports
• Eyewitness testimony

Your family’s attorney will be able to determine what is necessary, and your family’s attorney will be able to take the steps necessary to seek all evidence that is available.

4. Grieving Families Will Often Be Entitled to Substantial Compensation for Their Financial and Non-Financial Losses

No amount of money can replace what you have lost. This is the unfortunate but very real truth of the scenario your family is facing. But, financial compensation is the best our legal system has to offer, and compensation awards can be substantial in wrongful death cases.

If your family has a wrongful death claim, eligible family members are entitled to receive compensation for their financial and non-financial losses—not only in the immediate aftermath of the accident, but for the rest of their lives. If your loved one survived for any length of time after the fatal accident, your family may be able to recover compensation for your loved one’s losses prior to death as well.

5. Strict Deadlines and Other Rules Apply to Wrongful Death Claims Involving Fatal Auto Accidents

While families have clear legal rights after fatal accidents in Florida, strict deadlines and other rules apply. These include rules regarding who is eligible to file a wrongful death claim in the Florida courts. This is yet another reason why it is important to work closely with an experienced wrongful death attorney in Florida. Your family’s attorney will be able to explain everything you need to know, and your family’s attorney will be able to take all necessary legal steps on your family’s behalf.

6. You Can Hire a Wrongful Death Attorney to Represent Your Family at No Out-of-Pocket Cost

It does not cost anything to find out if your family has a wrongful death claim. Your initial consultation with a wrongful death attorney is free, and if it appears that your family may have a claim, your attorney will investigate at no cost to you.

If this investigation confirms that your family has grounds to pursue legal action, your attorney will represent your family on a contingency-fee basis. This means that your family will not have to pay anything out-of-pocket at any point in the process, and your family will only have to pay legal fees if your family’s case is successful. If your family’s case is successful, your attorney’s legal fees will be calculated as a percentage of the settlement or verdict recovered.

7. While We Know It Is Hard, You Need to Take Action Promptly  

We know that doing anything when you are coping with the unexpected loss of a loved one can be extraordinarily difficult. But we also know how important it is that you stand up for your family’s legal rights while you have the opportunity to do so. With this in mind, if you have any questions about your family’s legal rights, we strongly encourage you to schedule a free consultation today.

Speak with a Wrongful Death Attorney in Florida About Your Family’s Legal Rights for Free

If you need to speak with a wrongful death attorney in Florida about your family’s legal rights, please contact us today to arrange a free consultation at Searcy Denney. We represent families across the country in cases involving fatal auto accidents throughout Florida. To schedule an appointment as soon as possible, call 800-780-8607 or tell us how we can help online now.