AGGRESSIVE DRIVING ACCIDENTS
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Adam Baros, Esq
Jason Weisenberg, Esq.
FATAL CAR ACCIDENTS
Motor Vehicle Collision Lawyers Guiding Naples Residents
When we get behind the wheel or buckle up as a passenger in someone else’s vehicle, the last thing we ever hope to encounter is a car accident. Any type of collision can be a stressful and painful experience for those involved. Tragically, the most severe accidents result in a needless loss of life. A grieving family should not be expected to bear the financial burdens imposed by a loved one’s passing. At the Law Offices of Adam Baron, our Naples car accident attorneys are prepared to compassionately assist you in pursuing the compensation that your family needs in this difficult time.
Bringing a Wrongful Death Claim after a Fatal Crash
Florida Statutes Section 768.16 provides the state’s wrongful death laws. Through a wrongful death action, certain surviving relatives and family members of a victim may bring a claim seeking compensation for the loss of their loved one’s support or services. Florida allows the decedent’s spouse, children, parents, dependents, blood relatives, and adoptive siblings to participate in the claim. The statutes also require that the personal representative of the victim’s estate bring the action for the benefit of the survivors pursuing compensation.
A wrongful death claim usually requires the plaintiff to prove that the victim would not have lost his or her life but for the defendant’s negligence. In other words, the victim would have been able to pursue a claim against the defendant if he or she had not died as a result of the accident. Many wrongful death actions are based on the theory of negligence, which requires the plaintiff to show that the defendant owed the plaintiff a duty of care and failed to act according to the appropriate standard. When it comes to operating a motor vehicle, the duty of care requires each of us to drive with the ordinary care that a reasonable person would use in the same situation. If a defendant falls short of this standard, the plaintiff would need to draw a causal link from this breach to the crash, showing that it was a foreseeable result.
Florida Statutes Section 768.21 allows the beneficiaries of a wrongful death lawsuit to seek compensation for the loss of their loved one’s support and services from the date of the injury to the present time, often in addition to future damages associated with those items. Mental pain and suffering damages are also permitted, as well as compensation for the loss of the victim’s companionship.
Discuss Your Car Accident Case with a Naples Attorney
Contact us online or call us at one of our regional office locations to set up your appointment. We can be reached in Broward County at (954) 716-8976, in Miami-Dade County at (305) 770-2131, or in Naples/Fort Myers at (239) 352-5511.