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

Let's now discuss why you need to consult a car wreck death lawyer after such a horrible incident.

A Car Wreck Attorney Will Evaluate Your Claim

A car wreck attorney can help evaluate your claim to decide whether you have a case against the other party. In most cases, when someone dies due to injuries sustained in a car accident, one or more parties may be responsible for the injury. But the truth is, car accident cases are never the same. An attorney can help identify the party responsible for the accident and how best to file a claim.
 
The attorney can also help maximize your claim. For example, when someone dies in a car crash, an experienced car wreck attorney can help identify various causes of the accident. The main goal of this type of investigation is to maximize your claim. This is because when you file a claim against only one party, you may not be able to recover enough to settle this devastating loss.
 
For example, in Florida, all drivers must have Personal Injury Protection worth at least $10,000 for medical expenses and up to $5000 in death benefits for the surviving family members of the passenger. So if your loved one had the minimum PIP insurance, you might not be able to recover more than that from their insurance company.
 
This will leave you with only one option - to file a claim against the other driver. But what if the other driver also had the minimum coverage? You may not be able to recover that much even if you file a claim with the two insurance providers. Working with an attorney opens up new avenues of compensation you never knew existed. For example, you may be able to file a product liability claim against the manufacturer of the vehicle's airbag if it failed to deploy after the crash. In short, an experienced lawyer will explore all options available to help maximize your claim, ensuring that you receive reasonable compensation for your losses.

Building a Strong Case Against the Other Party

It is one thing to identify the parties responsible for the accident and a totally different thing to build a case against them. Secondly, did you know that when you lose a loved one due to negligence, you will bear the same burden of proof as the deceased would have had they survived? You will need to convince the other party that their insured's negligence caused the accident but this is usually not an easy thing to do.
 
You need a lot of resources and experience to collect the required evidence. Above all, you need a deep understanding of what counts as evidence and what does not in such cases. But when you work with an experienced car wreck accident attorney, they can help build a strong case against the parties involved. For example, if the other driver was drunk after a night of partying, the attorney can help prove that the nightclub or bar acted negligently by serving the driver more alcohol when they should have stopped. This argument could lead to a negligence claim against the nightclub or bar that served alcohol to the at-fault driver.
 
The same applies if the vehicle's airbags failed to deploy or brakes failed to work, leading the deceased driver to their death. Remember, wrongful death cases usually involve huge sums of money as compensation, depending on the financial power of the at-fault party or their insurance company. For this reason, you should expect a strong resistance. They will probably hire some of the best defense attorneys to fight for them. So if you do not have a strong legal team on your side, you may have a rough time attempting to recover compensation for the incident that claimed the life of your loved one.

Calculating Damages to Recover

You cannot put a price on the life of a loved one. But you can put a price on the expenses involved following their tragic death. A seasoned wrongful death attorney can help calculate the damages you may recover from the liable party following the death of a loved one. Here are examples of damages you may be able to recover as the victim's survivor.

Loss of Support

You may be able to file a loss of support claim if the deceased was the breadwinner in the family or played a huge role in supporting the family in one way or another. In addition, if established that the survivors could face extreme financial hardship, such as a lack of school fees following the death of their loved one, this could be a solid reason to file a loss of support claim against the other party.

Loss of Companionship

The victim's spouse or children might also be able to file a loss of companionship claim. This claim covers love, care, affection, protection, and comfort the victim's survivors would otherwise have received from the victim had it not been for the other driver's negligence that led to the accident.

Pain and Suffering

There is no doubt that the death of a loved one comes with severe pain and suffering. It is even worse if the death could have been avoided, meaning it occurred due to someone's negligence.

Medical Costs

This claim covers the costs of treatment the deceased incurred before passing away. For instance, it could cover surgeries, ambulance costs, medication, etc.

Burial Expenses

Funerals are not cheap. They require a lot of planning and, most importantly, resources. For this reason, the survivors might be able to recover funeral expenses following the death of a loved one.

Negotiating a Reasonable Settlement

As mentioned before, the other party might take advantage of the fact that you are grieving your loved one to offer a quick settlement. Initially, you might think that they care so much about you, and that's why they are offering a quick settlement for the damages. But there's also another side of the story that they do not want you to know about.
 
They know that when you choose to work with an attorney, they might end up paying more than the initial offer. This is because attorneys know how to maximize such claims. They will consider several factors before settling on the final amount you and your family may be entitled to as compensation for the loss. Once they arrive at the final figure, they will file a claim against the liable party.
 
When negotiating a reasonable settlement, the attorney can also help decide the best payout system for the survivors. In most cases, wrongful death claims are usually paid in two different methods, each with unique advantages and disadvantages. They include:

Structured Settlement

In a structured settlement, the other party agrees to pay the family members a particular amount of money at different intervals, usually on a monthly basis. This system works best if the family requires regular support to cover the gap left behind by the deceased. For example, if the deceased was the sole breadwinner and used to pay rent for the family every month, a structured payment system covers such expenses. But this option is not the best if the survivors need money to pay off larger debts.

Lump-Sum Payments

Lump-sum payments work in situations where structured settlements don't. This payment option is quite common during out-of-court settlements. The liable party agrees to pay a certain amount of money to the survivors. In exchange, the survivors agree not to pursue further legal action against the liable party regarding the wrongful death claim. This option comes in handy when survivors have larger bills that need to be settled.

Navigating Complex Legal Processes

Wrongful death laws in Florida are complicated. If you do not file your claim correctly, you risk losing the opportunity to recover the damages discussed above and even more. For example, you have up to two years to file a wrongful death claim in Florida. Two years might seem like a lot of time on paper, but in reality, it is not. Time flies so fast, and the last thing you want is to be denied a chance to seek compensation because you did not adhere to the deadlines required by Florida law.
 
That's not the only law you need to be concerned about. Florida laws also restrict the individuals who may be able to file a pain and suffering claim following the death of a loved one. The deceased's age will determine who can file such a claim in such a situation.

Financial compensation after a loved one's death will not bring them back home. But sadly, your bills will keep mounting despite the loss. You deserve compensation to cover these expenses, and that's why we are here to help. Fill out our free online consultation form, and one of our representatives will contact you within 24 hours. Or you can call our Palm Harbor office at 727-275-6090 any time, any day, to speak with one of our representatives about your case.