For every 100 people who are hospitalized for accident-related injuries, one dies. Tragic and devastating, the death of a close family member can wreak havoc on a family both emotionally and financially.
If you are in this situation, you have legal rights but need to work with a Miami car accident – wrongful death lawyer to ensure that you can file a lawsuit against the person responsible for the accident and their death.
The Initial Process of Filing a Wrongful Death Lawsuit
Before you can bring a wrongful death lawsuit, you need to be named the personal representative of the estate by the will, estate plan, or court. If you are unsure of how to do this, call my office and I can provide you with advice on how to proceed.
Proving Car Accident Injuries Led to Wrongful Death
As cars become safer, accident fatalities are decreasing. However, major accidents still occur on a daily basis. Fatalities are often due to brain injuries or internal bleeding, whereas things like broken bones can heal with medical care. In most cases, it is clear that the injury sustained in the crash caused someone to die because they are immediately taken to the hospital and treated.
However, if your loved one died due to an injury that was not immediately reported and cared for (like an untreated brain injury), you will need an experienced Miami car accident – wrongful death lawyer to build a case for what happened. The attorney will need to prove that they were in an accident, that they were injured in that accident, and who was responsible for the accident. This can require significant time and resources devoted to investigating all aspects of the crash and injury, and is something I do for my clients on a regular basis.
You Will Need Help Going Up Against the Insurance Company
After something so tragic as a loved one dying, many people make the mistake of thinking that their case will be easy to resolve. Unfortunately, this is typically not the case. Insurance companies are notorious for working hard to reduce their own liability and for paying out as little as possible.
For example, the CDC says that the average person will pay around $57,000 in medical expenses over the course of a lifetime due to their accident-related injuries. Meanwhile, the average insurance payout is only $15,443.
If your loved one has died due to their injuries, there is a good chance there are significant medical bills associated with their final care. All those bills and more should be included in what you ask for when filing your lawsuit. As a Miami car accident – wrongful death lawyer, I can make sure you are treated fairly in regards to the final settlement offer. Otherwise, your case can proceed to court.
These Cases Can be Brought by Close Family Members
If you lost a loved one due to a car accident, you have the right to bring a lawsuit on their behalf. However, the personal representative of the estate has to be the one actually filing (with the help of an attorney).
Once filed, the people who can benefit financially are the spouse, children, relatives who were financially dependent on the deceased, or parents. This makes it important to hire an experienced Miami car accident – wrongful death lawyer who can walk you through the process of filing a wrongful death suit.
For Help With Your Car Accident Injuries or Wrongful Death Case, Schedule a Consultation
During this tragic time, you will need a Miami car accident – wrongful death lawyer you can count on to handle everything for you and to do so with compassion. At Lavent Law, you are not a name on a file but rather someone deserving of personal attention and support. That is exactly what you will receive from our law office. By taking the time to get to know you and answer your questions, we will ensure that you are both well-informed and comfortable with the process. To ask questions or to get started, call (305) 440-0450, or contact us here.