Car accidents can result in wrongful death if an individual is injured to the extent that they die from their injuries, or they are killed in an accident.A person who is filing a wrongful death claim is experiencing untold amounts of grief and stress resulting from the loss of their loved one. For this reason, it is important that they find a compassionate attorney who can help ease the burden. If a loved one has died as the result of injuries sustained in a car accident, contact a Tampa car accident wrongful death lawyer who can fight for you.
Logistics of Wrongful Death Car Accident Cases
Car accidents in Tampa tend to occur on busy interstates as well as crowded roads in the city. There are tremendous numbers of fatal car accidents in Tampa that result from people driving the wrong direction and accidentally hitting people head on. Tampa also has a high incidence of DUI fatalities, and truck accidents are common on I-75, I-275, and I-4. A number of the city’s surface streets are thoroughfares for commercial traffic, including semi-trucks. These large, heavy vehicles can easily cause fatalities in an accident.
Like other personal injury claims, wrongful death cases are heard in the general civil arena. Oftentimes, the probate court will also be involved, because compensation granted in a wrongful death claim must go through the probate estate. When possible, it is often beneficial to settle claims without litigating because of the costs associated with litigation. Even in cases that are settled outside of court, the executor of the estate may be required to have any disbursement of funds cleared through the probate court. Normally, wrongful death actions maintain the same type of payment schedule as personal injury cases. The majority of experienced lawyers will handle these cases on a contingency basis, though most probate lawyers require payment.
Pursuing a Wrongful Death Case
Family members and loved ones of a person who has been killed in a car accident should seek counsel from an experienced Tampa car accident wrongful death lawyer who can help them establish the cause of action, coordinate the benefits that the family members may be entitled to, and protect them from lawyers and adjusters for the insurance companies involved.
Following a catastrophic car accident, family members are in grief, and may not be in a position to make important decisions without counsel. Anything the survivors say to an insurance company may be used to deny them compensation later on, so it is important that they involve an attorney from the beginning.
Death does not have to occur at the time of the accident for the survivors to file a wrongful death claim. As long the injuries sustained in that accident are the ultimate cause of death, or the cause of death derived from the injuries sustained in the accident, the survivors may have a wrongful death case. For example, if a person is injured in a car accident and they develop an infection from those injuries that eventually results in death, their family members can pursue a wrongful death claim.
Criminality of At-Fault Driver
A wrongful death action does not necessarily have to be the only action in the case. Many times the wrongful death action is accompanied by a criminal case. This is common in DUI homicide cases and other situations where someone’s intentional actions resulted in the death of another.
The fact that the accident was caused by illegal behavior may sometimes alleviate the ability to collect from insurance, or wrongful death damages may be subservient to restitution damages that are awarded by a criminal court.
Benefit of a Lawyer
Following an accident that results in a person’s death, the family is not only dealing with the legal implications, but the stress and financial burdens of funeral arrangements, executing the estate, finding child care, and making ends meet without the victim’s financial support. A compassionate wrongful death attorney understands the emotional distress that you are experiencing, and can try to help make things easier by coordinating all of the legal necessities.
An injury lawyer that has experience handling wrongful death cases understands the implications of wrongful death actions and can help you not only pursue the claim but establish the estate in a manner that most benefits the decedent’s family and loved ones.