Personal Injury

If you suddenly and unexpectedly suffer a horrific car crash, your entire life could change in an instant. Car accidents can result in lasting disabilities that can limit your ability to work and enjoy life like you used to. Medical bills can pile up, and the cost of repairing your vehicle and other property can add to the stress.

In the face of all of this, you may wonder what would need to happen for you to be able to successfully win a lawsuit against the other driver in order to recover compensation for all of your physical and financial damages.

Negligence claims

Our legal system is designed to provide the victims of other people’s carelessness with the opportunity to seek compensation for injuries that result from that carelessness. Your best bet for receiving compensation will likely be to pursue a negligence claim against the responsible driver or drivers.

A negligence lawsuit is comprised of several elements that your attorney will have to prove in order for you to be able to recover compensation for your injuries. Your attorney will present evidence to show that the other driver – or drivers – satisfied the required elements for negligence, and thus that the court should order them to make you financially whole again.

The elements of negligence

First, your attorney will have to prove that the other driver owed a duty to you – such as the duty that all drivers have toward each other to drive in a safe and prudent manner, and to obey traffic laws. Then, your attorney will present evidence to show that the driver breached that duty by driving in a reckless manner or disregarding safety laws.

Then, your attorney will have to demonstrate the full extent of your damages. This can include your physical injuries, your emotional trauma, your financial costs resulting from the accident, your diminished earning capacity, and more. Finally, they will tie it all together by proving the causal link between the driver’s breach of duty and your damages.

While it’s never fun to go through the stress and hassle of a lawsuit, in some cases it’s the only way of making sure that you receive the help that you need to get back on your feet after the crushing financial and physical blow of your accident.

Suddenly losing a loved one in a tragic car accident is one of the most painful experiences you can go through in life. The pain is compounded when you and others depended upon the deceased for financial support. In a situation like that, how close of a familial relationship do you have to have with the deceased in order to be able to recover for their death?

Which family members can recover?

The Florida legislature has laid out a list of family members that can recover in a wrongful death action, and their order of priority.

First and foremost, if the decedent leaves behind a spouse, that spouse can recover. Any minor children can also recover. If there is no surviving spouse, then all children can recover, even adult children. Finally, the decedent’s parents can recover.

What can they recover?

If the decedent left a surviving spouse, the spouse can recover for loss of support and services. The court calculates this by considering the decedent’s take-home income. The surviving spouse can also recover for loss of companionship and protection, and for mental pain and suffering caused by their loss.

If the decedent left children, the children can recover for loss of a parental relationship, mental pain and suffering, and loss of support. This applies only to minor children if there is a surviving spouse, or to all children if there is no surviving spouse. Parents can also recover for mental pain and suffering for the loss of their child.

No amount of money can make up for the loss of a loved one. But a wrongful death lawsuit could be what you and the decedent’s other surviving loved ones need to support yourselves and put your lives back together after your loss.