What Should I Do After a Car Wreck Death in Deland, FL?
Car Wreck Death Lawyers in Deland, FL
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Car Wreck Death Lawyers in Deland, FL
The city of Deland is home to more than 62,000 Floridians. This beautiful community offers many local amenities, including restaurants and parks.
But even in idyllic cities like Deland, tragic accidents can happen. If someone you love has been fatally wounded in a traffic collision, you may be owed significant financial compensation for your losses.
Following a car wreck death in Deland, reach out to a skilled wrongful death attorney. In the state of Florida, the estate holders of decedents may be able to recover payments for their financial, personal, and emotional damages.
The family of a car wreck death in Deland should not be held responsible for the expenses that result from an accident that another person caused. Like most tort cases, wrongful death claims involve proving that the liable party behaved negligently.
When you need legal representation following a fatal traffic accident in the state of Florida, reach out to the accomplished attorneys at the firm of Morgan & Morgan. Our compassionate tort lawyers have plenty of experience representing the families of fatally injured victims.
We know what it takes to successfully recover compensation in wrongful death claims. When you hire our firm, you can rest assured that you will have the highest likelihood of securing a positive outcome in your wrongful death claim.
To schedule a no-cost and no-obligation consultation with the Deland offices of Morgan & Morgan, complete the contact form online. We are ready to fight for you.
Understanding “Wrongful Death” Cases in Florida
According to Florida state law, wrongful death happens when someone causes the death of another by behaving negligently. Wrongful deaths can also occur as the result of a wrongful act or a breach of warranty.
Some of the most common examples of incidents resulting in wrongful death include:
- Negligence-based mishaps, including car accidents
- Medical malpractice
- Sale of a defective product
- Intentional acts, such as assault or battery
- And more
Proving that a car accident was the result of negligence can be difficult. This is especially true following a wrongful death.
Speaking with a skilled lawyer will give you the best chance of proving that negligence led to the death in question. Your family should not be stuck with the remaining financial expenses from the death of your loved one.
After a car wreck death in Deland, FL, make sure to file a legal claim to hold the liable party accountable. The team at Morgan & Morgan is ready to review the circumstances of your case and help your family move forward effectively.
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Who Can File a Claim Following 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.
What Is The Statute of Limitations?
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.
What Are Common Examples of Financial Damages in Florida Wrongful Death Claims?
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.
Proving Negligence in a Florida Wrongful Death Case
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:
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.
How Can I Afford a Wrongful Death Attorney in Deland?
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.
How Will an Attorney Help in My Case?
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.
Call Morgan & Morgan’s Deland Office
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 $15 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.