A car and pickup truck collided in an intersection killing the driver and a passenger of the car and critically injuring a three-year-old child who was also in the car. The crash happened Tuesday, June 17, 2019, on U.S. 17 at its intersection with Maxwell Drive.
According to the Florida Highway Patrol, the driver of a Chevy Malibu entered the intersection of Maxwell Drive and U.S. 17 into the path of a Dodge Ram pickup and was T-boned by the truck. The driver and another adult passenger died instantly, and athree-year-old child was taken to the hospital in critical condition. The FHP says that the accident is still under investigation.
Wrongful Death Claims
After a tragic accident where there was a loss of life, those left behind often wonder how they are going to recover from their loss. There are typically bills for the funeral and the burial and sometimes outstanding medical bills from any treatments before death that must be paid, and the family is often struggling with how to cope with the loss. The last thing they want to think about is suing someone over the accident.
However, in most cases, the at-fault driver has insurance which can cover the loss of those left behind even if the at-fault driver was related to the deceased or on the same policy. Most people don’t want to make a claim against a family member, and in most cases, the insurance company will settle to avoid a trial.
Damages in a Wrongful Death Claim
When someone is injured in a car accident, the at-fault driver’s insurance will cover the losses of the injured person. However, when the victim dies, he or she can no longer sue for damages, but those family members who have suffered a financial loss due to the negligence of the at-fault driver can sue.
The claim for damages made in a wrongful death case are looked at not from the perspective of the deceased, but from the point of view of the deceased’s surviving family. Some of the damages that can be sought in a wrongful death claim are:
- Loss of support: Those who were dependent on the deceased can seek support.
- Loss of companionship/consortium: Anyone left behind who is related by marriage or by a close family relationship can seek the loss of companionship. Also, a spouse can seek the loss of intimacy that come with losing a married partner.
- Mental anguish: The death of a loved one can be upsetting and even require counseling and other mental health related care. These costs can be recovered.
- Funeral/burial costs: The reasonable costs of a burial and a funeral can also be recovered.
- Medical Bills: If there are any outstanding medical bills that a family member is obligated to pay can be sought in a claim for wrongful death.
Do I need an Attorney?
If you have recently lost a loved one through someone else’s negligence, then you should talk to an attorney to find out your rights and to have your case evaluated. A wrongful death claim can be difficult sometimes based on the circumstances of the case. There are notices, deadlines and papers to be filed, and even a single mistake can result in the suite being thrown out.
The attorney’s at Kaufman & Stigger, PLLC, have the knowledge and experience to help you in your wrongful death claim. Don’t go it alone against the insurance company and their high-rise attorneys. Call them today at 800 937-8443, you will immediately speak to a member of the legal team and not a message machine. You can also Live Chat with an expert who can immediately began helping you with your claim.
