Fatal Automobile Accident Questions
West Palm Beach, Florida
The following are some commonly asked questions about fatal automobile accidents. If you have additional questions, contact an experienced Florida automobile accident lawyer for more information.
What if my loved one has been involved in a fatal automobile accident?
In the United States, automobile accidents are the leading cause of fatalities for people between the ages of 3 and 33. If you have lost a loved one in a fatal automobile accident due to another person’s negligence, you are probably experiencing intense feelings of frustration and sadness, as this accident should have been prevented. It is important that you contact a Florida motor vehicle accident attorney as soon as possible. You have rights, and you may be able file a wrongful death claim to cover:
- Medical bills
- Funeral costs
- Pain and suffering
- Loss of future income
What constitutes a wrongful death?
A wrongful death is defined as a fatality caused by the negligence or misconduct of another person. A wrongful death is an area of personal injury law. If your loved one died due to a wrongful death accident you may be able to file a civil claim and hold the negligent party accountable.
How is the fault of an automobile accident determined?
The fault of the fatal accident will be determined through accident reconstruction, photographs of the scene and witness testimony. The reconstructed accident scene will include a "point of impact" analysis, which includes the pre- and post-impact skid marks. Photographs will establish the layout and perspective of the scene, and damaged vehicles will be professionally assessed. Roadway factors will be investigated and the laws of physics will be used to analyze the dynamics of the collision. A diagram may then be constructed showing the impact and rest positions. Eyewitness statements will be reviewed to corroborate the physical evidence and piece together exactly what happened.
How are damages determined?
The surviving family members can typically file a claim to collect compensation for medical bills and funeral costs for the injured person. After that, the amount of damages becomes complicated and can vary for each claim. You may also be awarded damages for pain and suffering, loss of wages and the ability to earn future wages. Surviving family members may also be reimbursed for:
- Lost inheritance
- Emotional distress
- Loss of companionship
- Other general damages
What is the difference between a wrongful death and a murder?
Murder is a criminal case, and is filed on behalf of the citizens in a specific state or federal district. A civil case is filed by the victim’s family members. In civil cases, you must prove that the other party is guilty “by a preponderance of the evidence,” which essentially means more likely than not. In criminal cases, the accused person is “innocent until proven guilty beyond a reasonable doubt.”
Take the O.J. Simpson case, for example. Simpson was found “not guilty” of first degree murder by the state of California because the charges could not be proven beyond a reasonable doubt. However, Nicole Brown Simpson’s family successfully sued O.J. Simpson for monetary damages in a wrongful death suit.
If you have additional questions about fatal automobile accidents, please contact the office of Florida automobile accident lawyer Craig Goldenfarb, P.A. Serving clients in the West Palm Beach, Florida area, we can answer your questions and review your case at no cost.
OFFICE LOCATION: 2090 Palm Beach Lakes Blvd. Suite 402
West Palm Beach, FL 33409
1-800-GOLD-LAW
Call Toll Free 1-800-GOLD-LAW (465-3529)
The reader’s understanding of the information on this website about personal injury law does not constitute a formal legal relationship with the Law Offices of Craig Goldenfarb, P.A. Please do not assume this content to be formal legal advice. If you would like to know if you have a valid auto accident injury case, please contact a attorney in Palm Beach County at the Law Offices of Craig Goldenfarb, P.A. today for a complimentary consultation regarding personal injury law in Palm Beach, West Palm Beach, Lake Worth, Port St. Lucie and Palm Beach County, Florida.
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