Fatal Car Accidents
No family should have to face the loss of a loved one due to a fatal accident, especially if it is caused by a careless or reckless driver. In addition to substantial expenses, such as medical and funeral bills, a tragic death also leads to a high emotional cost. If you have lost a family member in a fatal collision in the Stuart area, you can consult the car accident lawyers at Donaldson & Weston. We have decades of combined experience in handling wrongful death lawsuits. We focus our practice exclusively on serving injured individuals and their families.Protect Your Rights through a Wrongful Death Claim
One of the most important things to know about claims arising from fatal car accidents in Florida is that they typically are subject to a two-year statute of limitations. Sometimes, when a governmental entity is involved or a claim is likely to be made against an uninsured or underinsured motorist liability insurance policy, there may be other important deadlines for giving notice. For these reasons, not to mention the risk of a case being devalued due to spoliation of evidence, it is imperative that the family of a person killed in a car accident contacts an attorney as soon as possible afterward.
Wrongful death claims are legally similar to other car crash cases, since they are usually based on the theory of negligence. This is defined in the context of operating a motor vehicle as a failure to act as a reasonably prudent person would have acted under the same or similar circumstances. Individuals, businesses, and governmental entities that act negligently may be held liable to those whom they harm. The injured person would need to prove that the defendant owed him or her a legal duty, that the duty was breached, that there was a causal connection between the breach of duty and the harm, and that quantifiable damages arose.
Under the Florida Wrongful Death Act, the deceased person’s spouse, children, parents, and sometimes other relatives may be able to pursue damages for their loved one’s losses. There are two types of potential damages. The first group includes medical bills and funeral expenses paid by the survivors. Depending upon the circumstances, certain claimants may also pursue damages for the loss of the companionship and support of the decedent, mental pain and suffering, and other forms of harm.
The second class of damages consists mainly of lost “net accumulations” to the decedent’s estate, which is calculated by taking into consideration the decedent’s expected income, tax obligations, personal expenses, and related figures. Funeral and burial expenses, as well as the deceased’s final medical expenses, may also be recoverable.Contact a Lawyer in Stuart after a Fatal Car Accident
If your family is suffering because of a devastating car crash, you should speak to a Stuart car accident attorney about your legal rights as soon as possible. It takes time to thoroughly investigate a claim, gather the supporting documentation, and prepare to negotiate or litigate a case. The knowledgeable wrongful death attorneys at Donaldson & Weston handle cases for families in Stuart and other cities in Palm Beach County, such as Port St. Lucie, West Palm Beach, and Jupiter. We never represent insurance companies, but we know how they work. To schedule a free appointment, call us at 772-266-5555 or contact us online.