The recent fiery crash on Interstate 95 that left 2 people dead has certainly put the community on edge. Car accidents that end in explosions are supposed to be the stuff of Hollywood movies, not everyday life. Unfortunately, Florida sees a good number of traffic fatalities on our roads each year. According to state statistics, 3,150 people died in 2018 from car accidents.
What happens if you lose a loved one in a car wreck? At Dolan Dobrinsky Rosenblum, our Miami wrongful death attorneys meet with clients who have lost a child, spouse, or parent in a devastating car accident. Let us explain how we can help.
Wrongful Death Lawsuit
When someone is injured by a negligent driver, they can often bring a lawsuit for compensation. Now, you might think that a victim’s right to sue dies along with them, but that’s not the case.
In Florida, certain survivors can bring what is called a wrongful death claim. The personal representative for the deceased person’s estate actually prosecutes the lawsuit in court and essentially “steps into the shoes” of the deceased. The estate must prove that the defendant negligently or wrongfully injured the deceased by using witnesses and other evidence.
Wrongful death cases are not criminal trials. Instead, they are civil cases that are brought in civil court. The prosecutor will not bring the case for a family, who instead should meet with an attorney. Our lawyers can file appropriate paperwork in court to start these cases.
Compensation in a Wrongful Death Case
The purpose of a wrongful death lawsuit is to compensate family members for the loss of a loved one. Family members can qualify for a range of damages, for such things as lost wages, lost services, loss of companionship and care, and sometimes pain and suffering.
The amounts our clients receive depend on the circumstances. If the deceased was well-educated and had a high income, then family members will probably receive more in lost wages. If a deceased was old and retired, less compensation is usually available. However, every case is different.
Building a Case
Wrongful death lawsuits are not easy to bring. The state does not collect evidence for you; instead, you should hire an attorney who can tackle the case for you. To prevail, you need to show that the defendant’s conduct was wrongful in some way and that this wrongful conduct led to your loved one’s death. Our lawyers have experience interviewing witnesses, analyzing crash reports, and working with experts to reconstruct accidents.