Steven A. Bagen | April 2, 2025 | Car Accidents

When someone dies in a car accident, it’s a tragedy that words cannot adequately summarize. Survivors must mourn, but they must also ensure that liable parties are held accountable for the wrongful death. An attorney is exactly what survivors need and deserve. Your Gainesville wrongful death lawyer will lead your case so you can work through your loss.

You may choose to pursue a survival action through insurance, filing a lawsuit against liable parties, or taking some combination of these actions. Your lawyer will prepare a personalized strategy for you. Your legal team will approach everything they do with plenty of compassion for your grief and pain.

 

Insurance Companies May Be Liable for the Fatal Car Accident

When someone purchases auto insurance, insurers generally account for the possibility of a fatal accident. This means that:

  • One or more insurance companies may be liable for the fatal accident
  • The at-fault driver may have high coverage limits that reflect the possibility of a fatal accident—though that’s not a given
  • You may be eligible to (and ultimately choose to) seek compensation by filing one or more insurance claims

Many motorists do not have the type of coverage limits that will account for the immense cost of a fatal accident. While insurance claims are one strategy your lawyer will consider, it’s possible that you ultimately elect to sue one or more liable parties for the tragic loss of your loved one.

Survivors Often Have the Right to Sue Negligent Parties for a Fatal Crash

Insurance claims do not always provide the type of justice that survivors of wrongful deaths deserve. You might choose to sue the at-fault driver (and possibly other liable parties) because:

  • The cost of your damages exceeds insurance coverage limits: Based on the latest available figures, the average economic cost of a fatal car accident is $1.869 million. The cost of a fatal accident typically ranges much higher when you account for the pain and suffering that wrongful deaths inevitably cause. Few drivers have the type of insurance policy that covers this degree of damage.
  • The at-fault driver was uninsured: Uninsured drivers are a clear and present danger from the Floridian peninsula to the northwestern corner of Washington. When uninsured motorists cause a fatal accident, they have no insurance company to rely on. This means that the uninsured motorist may be wholly responsible for the cost of victims’ damages (and fully exposed to a lawsuit due to their decision not to purchase insurance).
  • You believe the at-fault party should be personally liable for causing your loved one’s death: In some circumstances, filing an insurance claim just does not feel like justice. What calls for justice more so than the loss of a loved one? You may feel that filing a lawsuit directly against the at-fault motorist is the only way to hold them accountable for the devastating harm they have caused.

You may have other motivations for suing liable parties, and your lawyer will want to hear about them. Your car accident lawyer will help you weigh various strategies, analyze the pros and cons, and identify the ideal strategy for you and your wrongful death case.

Whether You File a Claim, File a Wrongful Death Lawsuit, or Take Both Actions, Hire a Lawyer

You do not have to spend time mulling what strategy you should pursue after the tragic loss of your loved one. Your lawyer will worry about that. For now, just find the right attorney to represent you and any other loved ones affected by the fatal collision.

You should not hesitate to find and hire a fatal car accident lawyer because:

Nothing Should Come Between You and Your Healing Process

The type of grief you experience after a fatal car accident can be:

You cannot prepare for the sort of grief that comes after a fatal traffic accident. If you do not give your all to the healing process, the devastating effects of your loss may linger for years, if not forever. By allowing your lawyer to worry about your case, you and your family should have more time to pursue the help you need to deal with your loss.

Most Are Not Clear-Headed After Losing a Loved One. A Lawyer Will Protect You.

Losing a loved one in a car accident can change everything. You will probably not be yourself for quite some time, and grief can cloud judgment in a significant way. The effects of grief on judgment and decision-making can make you vulnerable to:

  • Liable parties’ bad faith: If you don’t believe insurance companies, civil defense lawyers, or other parties will take advantage of someone in grief, think again. These parties may have much to gain by getting you to accept a lowball offer, and a lawyer will ensure you don’t.
  • Honest mistakes: Mistakes happen when you are distracted by the effects of a sudden loss. A mistake that happens in the course of a wrongful death case can be immensely costly. Hiring a lawyer will ensure that no preventable mistakes bring down your case for justice.
  • Hasty decisions: Even in the best of times, we can make decisions out of frustration and exhaustion. You may be far more likely to make such decisions when you’re struggling with grief and other effects of a wrongful death.

You might also become tired of dealing with your case, confronting the details of the fatal accident, and trying to balance your recovery with your fight for justice. Let your lawyer deal with all things case-related so your recovery can be your primary priority.

You Surely Want a Resolution as Soon as Possible. Your Attorney Can Get Right to Work.

While your healing process will take time, you surely do not want your wrongful death case to take any longer than it needs to. Hire your attorney today so they can get immediately to work for you.

Wrongful Death Cases Are Familiar to an Experienced Lawyer

Most people do not experience the tragic effects of a fatal truck accident. When it happens, most survivors are facing this horrendous experience for the first time.

An experienced attorney will have represented other clients affected by fatal traffic accidents. Allow them and their experience with these heartbreaking circumstances to help guide you through this period in your life.

Your Attorney Will Show Equal Concern to You and Your Case

Support is critical when you’ve lost a loved one. Your attorney will support you by leading your fatal car accident case. They will also support you on a more personal level, as they may:

  • Help you find mental health services: Time may be the primary resource that helps you move forward after losing a loved one in a car accident. That being said, grief counseling and certain other treatments may help you deal with the acute effects of your loss. Your attorney will ensure that you find all the resources you need after losing your loved one.
  • Keep in close contact throughout your case: Your lawyer will be in contact because it’s important for the progress of your case. They’ll also be in touch because they care about you. You should feel like your attorney and their team are an extension of your family.
  • Be someone to guide you through this uncharted, immensely challenging territory: Though your attorney will not feel the degree of pain you do, they will have immense empathy for your loss. Because they have helped other clients dealing with wrongful deaths, they will guide you through this unfathomably difficult time in your life.

It’s difficult to explain just how helpful an attorney can be in the aftermath of a fatal car accident. Find out for yourself by hiring a qualified, proven, and compassionate lawyer to represent you.

Wrongful Death Cases Get Complicated Quickly—Let an Attorney Protect and Assist You

Nobody should tell you it’s easy to get justice for a wrongful death. It’s not. That said, having a lawyer lead your case will ensure you don’t have to deal with the many challenges your case may bring, including:

Allegations That the Victim Caused the Fatal Accident

A wrongful death case can make survivors angry. As if facing the details of a loved one’s loss was not trying enough, at-fault parties and liable parties may even suggest—or state explicitly—that your loved one was wholly or partially responsible for the fatal accident.

Your attorney will cite evidence proving that others were truly to blame for the fatal collision.

Downplaying Survivors’ Damages

Liable parties may underplay your damages to try and avoid financial liability. Your attorney will have extensive documentation of your damages to prove that their financial demands are entirely justified.

Drawing Out Negotiations

Liable parties may engage in hardball negotiation tactics because:

  • They may be betting on you eventually giving up because you’re tired of dealing with the case—but with a lawyer representing you, you will not have to deal with the details of the case
  • Some survivors of wrongful deaths will accept a lowball settlement, assuming that it’s the best financial recovery they can get—instead, allow your attorney to fight for all the compensation you deserve
  • They are desperate to reduce their financial liability by any means available, but you should not accommodate them

Your attorney will fight to resolve your case as soon as they can. However, the right resolution should take priority over a quick resolution.

Forcing You to Go to Court

If those who are liable for your loved one’s passing are not willing to offer a fair settlement, you may have no choice but to file a lawsuit. You might then go to court, and your lawyer can help you decide whether a trial is necessary.

A capable car accident attorney will weather and prevail over any challenges that come their way. They will stand strong because you deserve nothing less from your legal team.

Damages to Recover in a Fatal Car Accident Case

The harm caused by a wrongful death may seem immeasurable. It will be your lawyer’s duty to measure the harm. Attorneys understand that the loss of a loved one can leave both a non-economic and economic trail of harm, and your recoverable damages may include:

Grief (and Other Types of Pain and Suffering)

Grief is the common thread that connects all wrongful death cases. Along with the grief you are undoubtedly suffering, you may also face:

Frequently Asked Questions About Florida’s Wrongful Death Act
  • Shock
  • Depression
  • Anxiety
  • Lost quality of life

Even learning of a loved one’s death can cause long-lasting trauma for survivors. Attorneys work with mental health experts who will be qualified to evaluate and document your pain and suffering.

Loss of Consortium

A wrongful death causes many non-economic losses, with the loss of consortium being an important one. This generally refers to the loss of a spouse’s companionship in the event of a sudden loss.

Lost Financial Support

If the decedent provided any direct or indirect financial support to loved ones, your case will reflect this loss. In addition to lost income, you may deserve compensation for any contributions the decedent provided to their household.

Many Other Economic and Non-Economic Damages

A wrongful death causes a degree of loss that is difficult to convey. Right now, you understand how much you’ve lost because of your loved one’s passing. Your attorney wants to learn what you’ve lost, too.

How Your Fatal Car Accident Attorney Will Pursue Compensation After the Fatal Accident

Your attorney will handle every step of your wrongful death case, which will likely call for them to:

  • Customize a plan for your case
  • Establish both fault and liability for the fatal car accident
  • Document the grief, financial losses, and other damages resulting from the fatal car accident
  • Fight for a fair settlement
  • Move forth with legal action, if you choose to

Hire A Wrongful Death Attorney Today

There are typically deadlines for filing wrongful death cases. Do not wait to hire your lawyer. The sooner you do, the more time you will have to heal from your loss.