Losing a loved one in a car accident is the kind of moment that divides your life into a clear “before” and “after.” Before, you had a family structure, everyday routines, inside jokes, weekend plans, and the sense that your loved one would be there for (most) every significant life event to come. After, you have a type of pain, uncertainty, and instability that you could never have fathomed. While filing a wrongful death claim will not cure the pain, it can address financial uncertainty and provide you with the sense that some justice has been done for the immense loss.
Wrongful death claims are inherently complex. Succeeding in that claim may also require a prolonged fight, and it’s the kind of fight you shouldn’t have to lead in the midst of your grief. Working with a Fort Lauderdale car accident lawyer can ensure you have the legal strength and guidance you need. Allow the compassionate, capable legal team at Englander Peebles to lead that fight for you—it’s how we serve our clients. Contact Englander Peebles today at (954)-500-4878 or contact us online to complete your free consultation and take the steps towards closing this painful chapter and truly starting to heal.
Key Takeaways Involving Fatal Car Accidents
- Wrongful death claims arise when a person is killed because someone else behaved negligently, recklessly, or intentionally—behaviors that are far too common on Florida’s roadways.
- Florida sees thousands of traffic fatalities each year, and each one leaves behind survivors who must bear the cost of the at-fault party’s negligence.
- Crash types that are most likely to be fatal include head-on collisions, T-bone impacts, rollovers, high-speed crashes, and impaired-driving incidents—though any collision type can be fatal.
- Florida law requires that the decedent’s personal representative, rather than individual survivors, file the wrongful death lawsuit on behalf of all eligible survivors—Englander Peebles will handle the legal steps necessary to file and complete your case.
- The process generally begins with an insurance claim, but often evolves into a lawsuit when insurers deny liability, undervalue the claim, or delay negotiations.
- Recoverable damages in wrongful death claims often include lost financial support, medical bills, funeral costs, mental anguish, loss of companionship, and future earnings—some of which may affect survivors for the remainder of their lives.
- Evidence can disappear quickly, and filing deadlines can creep up as you’re occupied with your healing process—do not wait to engage your wrongful death attorney from Englander Peebles, so your case for justice remains strong.
Why Fatal Crashes Are So Tragically Common in Florida
South Florida traffic is its own ecosystem—fast, crowded, unpredictable, and populated by residents, tourists, commercial drivers, rideshare vehicles, and delivery fleets all operating in close quarters. Mix in inclement weather, unpredictable pedestrian patterns, and the sheer density of the Miami–Fort Lauderdale corridor, and you get a road environment where fatal crashes are tragically common.
More than 3,000 fatal accidents happen in a typical year in Florida. Perhaps the most upsetting fact is that the vast majority of these deadly collisions could have been prevented with more care from the at-fault parties.
State-level data confirms what locals already know: fatal crashes happen across all vehicle types and road conditions. FHSMV reports show thousands of roadway deaths annually, and every category of driver—from teens to retirees—gets swept up in these statistics.
Crash Types Statistically More Likely to Be Fatal
Some car accidents are more likely to cause catastrophic and potentially fatal injuries, and they include:
- Head-on collisions are among the deadliest because the forces of both vehicles compound into a single violent impact, with both vehicles often coming to an immediate and devastating stop.
- T-bone crashes can cause fatalities because the side of a vehicle offers limited protection, and the person in the struck vehicle can take a near-direct impact.
- Accidents involving rollovers may eject occupants, cause roof collapse that crushes the individual inside, and put catastrophic force on the occupant’s body.
- High-speed crashes are overrepresented in fatality statistics.
- Impaired-driving crashes can be catastrophic, in part, because impaired motorists tend not to brake before collisions happen.
Distracted driving also increases the likelihood of serious accidents, and it is a hazard that remains a constant threat in Florida (despite legislators’ attempts to eradicate it). When motorists take their eyes off the road—a particularly dangerous type of distracted driving—they can slam into another vehicle or pedestrian without stopping.
Certain Environmental Conditions Can Also Increase the Odds of a Fatal Accident
While we discussed how certain accident types (like head-on crashes) are statistically more likely to be fatal, virtually any kind of collision can be deadly. Even if a crash doesn’t look severe at first glance, it can produce fatal injuries.
Some conditions that might increase the likelihood of a fatal accident are:
- Heavy rain
- Low visibility
- Areas with dense pedestrian traffic
- Older vehicles without the latest safety features
- Collisions involving cyclists, joggers, motorcyclists, and others with little protection from impact
- Roads where high speeds are the norm, including I-95
If you have been personally affected by a fatal accident, we will investigate why the crash happened and hold liable parties accountable for the harm they have caused you.
Who Can File a Wrongful Death Claim After a Fatal Car Accident?
Because wrongful death cases can affect multiple surviving family members and often require substantial compensation, Florida law sets strict rules on who can file and how these cases must be structured. Here are some considerations to weigh.
The Personal Representative Rule
Under Florida Statute § 768.20, the wrongful death lawsuit must be filed by the personal representative (PR) of the decedent’s estate, not by individual survivors. The personal representative brings the claim on behalf of all eligible survivors and the estate.
These are the kinds of critical legal considerations that our firm knows like the back of our hands. Your lawyer from Englander Peebles will handle the filing of the claim for you.
Who Qualifies as a “Survivor”?
Florida statutes define survivors to include:
- Spouses
- Children, including children born out of wedlock
- Parents
- Certain other dependent relatives, including adoptive siblings and blood relatives financially reliant on the decedent
Each survivor may recover different categories of damages depending on their relationship to the deceased and the unique ways they’ve suffered as a result of their losses.
Wrongful Death Lawsuits Are Only Viable for a Relatively Short Period of Time
Most wrongful death lawsuits in Florida must be filed within two years of the death. Waiting too long almost always forfeits the family’s right to compensation.
Your window for pursuing justice is only open as long as this deadline remains active, so do not wait to call Englander Peebles about filing your wrongful death case right away.
What Happens After a Fatal Crash? The Claims and Lawsuit Process
Most survivors have no idea what happens after a fatal crash, and why would they? You surely never expected to be in this devastating position.
Since you are here now, we can provide critical information about what may come next. A wrongful death claim can seem overwhelming, but remember that this process will be far easier with Englander Peebles handling it for you.
Step One: Securing Evidence and Filing the Claim
Our Florida wrongful death attorneys gather every piece of evidence available, which may include:
- Crash reports
- 911 audio
- Traffic-camera and dash-cam footage
- Event data recorder (“black box”) data
- Witness statements
- Toxicology reports (in cases of possible drunk or drugged driving)
- Cell phone records
- Accident reconstructions from qualified experts
Once we have secured all relevant evidence, your lawyer will file claims with all responsible insurers—sometimes multiple policies apply to fatal accidents.
Step Two: Negotiations
Our wrongful death attorneys are always prepared for Insurers to:
- Blame the deceased party for the accident (or at least shift blame away from their own policyholder)
- Minimize the total value of survivors’ damages
- Challenge whether specific survivors are eligible to seek compensation for the wrongful death
- Offer low settlements, hoping families will accept quickly
- Drag out the claims process to apply financial pressure on survivors
Englander Peebles pushes back at the first sign of such bad-faith tactics.
We’re known for being aggressive, prepared, and unwilling to accept lowball numbers. When insurers recognize they’re dealing with a firm willing to litigate, the tone of negotiations shifts in favor of the survivors.
Step Three: Litigation (If Needed)
Wrongful death cases can be challenging to settle. Insurers do not always recognize the catastrophic nature of the survivors’ losses, and this lack of understanding can stand in the way of a fair settlement.
If your attorney from Englander Peebles finds that liable insurers are not willing to compensate you fairly for your loss, we will not hesitate to litigate.
Justice Can’t Wait: Why Retaining Your Fatal Car Accident Lawyer Must Be a Priority
Families sometimes delay calling a lawyer for several reasons, including being overwhelmed by grief. We understand, but please take the time to speak with Englander Peebles as soon as you can. Your case depends on quick action because your lawyer will need to:
- Preserve evidence (important pieces may not be available much longer)
- Stop insurers from contacting the family (they often have ulterior motives)
- Prevent insurers from securing damaging recorded statements
- Assemble experts to help establish fault for the fatal car accident
- Calculate the full value of lifetime losses
- Begin building a compelling narrative of who your loved one was
At Englander Peebles, we help stabilize the situation from the moment you call, giving your family clarity and direction during a time of chaos.
Our Non-Legal Support for Grieving Families Is Just as Valuable as Our Legal Services
Legal guidance is critical—but it isn’t the only support survivors need. Families face shock, financial strain, and emotional turmoil in the wake of such a life-changing loss. We aim to anchor you through this process by:
- Explaining next steps for estate matters
- Coordinating grief-support resources
- Connecting you with trauma counselors
- Providing regular updates so you never feel lost
- Offering referrals for financial planning after the loss of an income earner
Our clients are not files—they are families fighting to rebuild. Our approach reflects that.
Damages Recoverable in Florida Wrongful Death Cases
We calculate our clients’ wrongful death compensation meticulously using Florida statutes, expert analysis, and documentation of the real-world impact on survivors.
Some of the common (and catastrophic) damages resulting from fatal car accidents are:
- Lost support and services: The value of income, childcare, home maintenance, and other services your loved one provided must be included in your case.
- Loss of companionship and protection: For spouses, this includes emotional support, shared life plans, and partnership.
- Parental companionship, instruction, and guidance: Children lose more than financial support when a parent passes away—they lose mentorship, advice, and emotional security.
- Pain and suffering: Survivors almost always suffer grief, as well as emotional and psychological trauma, when a loved one dies unexpectedly.
- Medical and funeral expenses: These and other related financial costs should be part of the wrongful death claim.
- Loss of the decedent’s future earnings: The estate may recover what the decedent would have contributed financially to their household.
Because wrongful death claims can reflect decades of lost future support, guidance, and companionship, they frequently result in significant settlements or verdicts. Younger victims, higher earners, and individuals with dependents often create particularly high-value cases.
Frequently Asked Questions
Because losing a loved one is such an unexpected tragedy, our clients have many questions for us. Some of the questions we hear most often are:
1. Can we recover damages if our loved one was partially at fault?
Yes. Florida’s modified comparative negligence system still allows recovery as long as your loved one was not more than 50 percent at fault. If liable parties claim they were primarily at fault, we will fight in their memory to ensure the actual story is told.
2. Can we file a civil case if criminal charges are pending?
Yes. The civil case is entirely separate from the criminal process and can proceed at the same time.
3. How much does it cost to hire Englander Peebles?
Nothing upfront. We work on a contingency basis—meaning you pay only if we win.
Don’t Wait to Call a Florida Wrongful Death Attorney
Wrongful death claims are highly time-sensitive. The two-year statute of limitations passes quickly, and evidence can degrade by the hour. You need protection, guidance, and a firm strong enough to take on insurers who don’t have your family’s best interests at heart. That’s what we are.
If you’ve lost a loved one in a South Florida car accident, speaking with a Fort Lauderdale personal injury lawyer can help protect your rights from the start. Contact Englander Peebles today at (954)-500-4878, or contact us online to complete your free consultation.