What Should I Do After a Car Wreck Death in Deland, FL?

State law determines who is eligible to file a wrongful death claim in the wake of a fatal accident. Some states permit any relative of the deceased victim to file a claim for damages in the aftermath of the person’s death. 

However, the state of Florida has more strict requirements for eligibility. In Florida, the person filing a wrongful death claim must be a personal representative (or “executor”) of the victim’s estate.  

The person who files a wrongful death claim in the state of Florida is acting on behalf of the victim and their surviving family. Oftentimes, the executor of a person’s estate is a family member.  
Regardless, the estate holder must list the family members affected by the victim’s death. This often includes: 

• The spouse of the decedent
• The victim’s children under the age of 25
• The parents of the deceased 

Wrongful death claims function much like other tort cases. The damages that the plaintiff can recover are based on the losses and expenses that resulted from the accident and fatal injury. 

The premier legal team at Morgan & Morgan is ready to fight diligently to recover compensation for you after a car wreck death in Deland. You should not bear the responsibility for the harm that another person’s negligence caused. 

A “statute of limitations” is a legal time limit. The statute of limitations in different types of cases is determined by state law.
 

In the state of Florida, a wrongful death lawsuit must be filed within two years of the victim’s passing. There are some rare exceptions to this two-year limit.
 

If the death was the result of manslaughter or murder, the plaintiff would have more time to file a claim. Because of these possible exceptions, you should consult with an expert following a car wreck death in Deland.

Failing to pursue legal compensation before the statute of limitations expires will result in the dismissal of your case. The expert legal team at Morgan & Morgan will work diligently to ensure that all of the legal timelines in your wrongful death case are met.

When someone you love has been fatally injured in a car accident, you may be uncertain about where to start. Most plaintiffs in these cases are uncertain about the types of financial compensation that they can claim. 

“Damages” is the legal term for payments to compensate for the damages following a negligent act. In most tort cases, including those involving wrongful death, the plaintiff can hope to recover two types of compensation. 

These two types of compensation are called “economic” and “non-economic” damages. These payments aim to compensate the decedent’s estate holder for the costs and losses resulting from the accident. 

Explaining Economic Damages

The purpose of economic damages is to compensate the plaintiff for the direct monetary losses resulting from the accident, injuries, or death. In wrongful death cases, the plaintiff is not the victim. 

Rather the decedent’s estate holder can hope to recover payments for the monetary losses they or their family experienced. Some of the most common examples of wrongful death economic damages are: 

• The victim’s outstanding medical debt
• Loss of the victim’s income and wages
• Loss of the victim’s future earning potential
• Burial expenses
• The cost of funerary services
• The price of end-of-life care
• Associated property damage, such as vehicular repair
• And more 

The legal team at Morgan & Morgan’s Deland office will review any financial documentation associated with the relevant car accident and the resulting fatal injuries. Determining the appropriate amount of economic damages in a wrongful death case is complex. 

Most victims significantly underestimate the amount of compensation they can claim from the liable party. You should not be left to manage the monetary expenses resulting from another party’s careless or reckless behavior.

Explaining Non-Economic Damages

Not every type of harm following a wrongful death takes the form of a financial loss. Some of the most terrible outcomes after a car wreck death are personal, emotional, and psychological. 

The families of fatal accident victims experience significant grief and trauma. When you have lost a loved one, your life will never be the same. 

No amount of money can make up for the absence of someone you love. But the families of victims should still be compensated for the devastating experiences they undergo. 

Some typical examples of this type of damage in wrongful death claims include compensation for: 

• The victim’s physical pain and suffering
• The victim’s emotional trauma and distress
• The plaintiff’s mental anguish and suffering
• The loss of relationship or consortium
• The loss of emotional and familial support
• Loss of parental guidance and instruction (for the decedent’s children)
• And more 

It can be very difficult to accurately determine the value of this type of financial damage. For this reason, it is crucial to consult with a skilled tort attorney after a fatal motor vehicle collision.

In a wrongful death case, the opposing party or their attorney may try to downplay the non-economic damages you are owed. Do not let this happen in your claim. 

The knowledgeable Deland attorneys at Morgan & Morgan know how to successfully fight wrongful death cases in Florida. We have decades of experience recovering financial compensation for the families of victims following a fatal accident.

Florida law requires the plaintiff (or their lawyer) to prove certain things in order to have a successful wrongful death claim. A skilled legal professional will help you present evidence for the following in your case:

Wrongful Conduct

First, the plaintiff must show that the opposing party engaged in a reckless, negligent, or wrongful action. In the case of a fatal car accident, negligent behavior can include: 

• Engaging in reckless maneuvers
• Driving while distracted, including texting
• Driving under the influence of drugs or alcohol
• Fatigued driving
• And more 

Any type of dangerous behavior that results in an accident may qualify.

The Victim’s Right to Sue

Wrongful death claims function similarly to personal injury cases. Therefore, the plaintiff needs to prove that the victim would have been able to bring an accident claim if they had lived.

Identifying Those Affected

The estate holder must provide contact information for the decedent’s immediate family. This will allow the courts to determine the specific financial and intangible consequences of the victim’s death.

Causation and Damages

The plaintiff must provide evidence that the defendant’s behavior was the cause of the relevant damages. In these cases, the defendant’s recklessness must have resulted in the death of the victim. 

The negligent conduct may also have resulted in financial and personal damages to the victim’s surviving family members. When you speak with an accomplished attorney, they will collect relevant evidence to prove these factors in your Deland wrongful death case.

The families of wrongful death victims often experience mounting financial expenses and personal trauma. Because of this, plaintiffs in these cases should not be expected to pay upfront attorneys’ fees.

That is why the compassionate legal experts at the firm of Morgan & Morgan are compensated through contingency fees. When you hire our legal team, you will not pay a single cent unless we recover the money that you deserve. 

After we recover financial compensation, a portion of the winnings will be designated to cover the cost of legal services. At Morgan & Morgan, we do not get paid unless you do.

A successful wrongful death case involves many important steps and complex considerations. An experienced tort attorney will handle all of the legal requirements associated with your claim. 

When you hire one of our representatives, they will: 

• Evaluate the facts of your case
• Provide invaluable legal guidance
• Draft and file required documents on your behalf
• Gather evidence related to the wrongful death
• Calculate the financial damages that you can claim
• Effectively negotiate with insurance companies on your behalf
• File a lawsuit and proceed to trial if necessary
• And more 
• Hiring one of the accomplished Florida wrongful death lawyers at Morgan & Morgan will allow you to focus on grieving and recovering.

If you have lost a loved one in a car wreck death in Deland, do not wait. Reach out to a legal professional to pursue the financial compensation you are rightfully due. 

The firm of Morgan & Morgan has recovered more than $20 billion for our clients over our 30-year history. Do not settle for less than the best legal representation.  

Arrange a free consultation by completing the contact form on the Morgan & Morgan website today.