How to File a Lawsuit When a Loved One Dies in an Auto Accident


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Vehicle collisions can lead to serious injury and death, but who’s held responsible when the death wasn’t strictly an accident? What if a drunk driver was the cause, or what if the person who caused the accident was negligent in some other way? The negligent party responsible for your family member’s demise can be held to account.

Filing a lawsuit against the party responsible can serve several functions: It can prevent the at-fault party from harming others; it can help you to secure justice and closure for what happened; and it can compensate you and your family for the financial burden placed on you by the death.

If you believe your loved one’s death in a car crash was caused by negligence, the next step is to file a car accident lawsuit. But whom or what do you file your claim against?

Investigating the Accident and Determining Fault

You must investigate the car crash to figure out what caused it and who was responsible. You or your attorney will gather evidence and put together a case before going to court. You will need evidence if you hope to win your injury claim.

To win a claim in Florida for a deadly car crash, you will have to demonstrate that the at-fault party’s negligence is what caused, or at least greatly contributed to, your family member’s death.  

Filing Your Wrongful Death Lawsuit

Once you’ve collected enough evidence, such as police reports, accident scene photos, video evidence, and witness statements, you will need to file your court paperwork. This might seem simple enough, but it can get complicated very quickly.

Your lawyer can assist you with filing all claim paperwork to ensure that it is filed within the statutory time frame of two years, and that there are no errors within the paperwork that could hold up the claims process.

Calculating Wrongful Death Damages

Finally, assuming you win the suit, you will be awarded compensation from the court for the wrongful death of your family member. The compensation is meant to pay the family for their financial damages and emotional suffering brought about by the death.

In some cases, such as extreme negligence or when a wrongful act caused the death, the court could award punitive damages, as well. Wrongful death damages typically include the following:

  • Pain and suffering of the victim before death
  • Funeral and burial expenses
  • Lost earnings
  • Grief and mental anguish
  • Loss of consortium
  • Medical expenses

Partner with a Wrongful Death Attorney

When someone else’s irresponsible actions caused your loved one’s death, there is a way to secure justice. You must file a wrongful death claim against the party who was responsible. Filing and winning your claim can prevent other people from being injured or killed in the same manner, and it can make the world a little bit of a safer place.

Get justice for your loved one by partnering with a lawyer and fighting against negligence. Obtain compensation for you and your family for all the financial and emotional strain you’ve all been forced to endure. To reach The Law Offices of Casey D. Shomo for a free claim review, fill out the form below or call 561-659-6366.

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