What Happens When Someone Dies in a Car Accident?
According to the Centers for Disease Control and Prevention (CDC), nearly 44,000 people were killed in motor vehicle crashes across the United States in 2022. This equals more than 120 fatalities each day and leaves countless families searching for a fatal car accident lawyer who can guide them through the legal and financial challenges that follow while they cope with overwhelming grief. When tragedy strikes on the highways and streets of Fort Lauderdale, understanding both the immediate legal processes and the long-term implications is critical to protecting your family’s rights.
The shock of such a sudden loss often brings urgent practical challenges, including mounting medical bills for emergency treatment, the immediate expense of funeral arrangements, and the loss of income that can quickly jeopardize a family’s financial stability. Florida law provides specific legal pathways for families to pursue justice and financial recovery through the wrongful death process, ensuring that those left behind have the means to move forward.
Englander Peebles offers compassionate, knowledgeable guidance through every stage of the wrongful death claims process. We advocate for families’ rights and work to obtain the compensation those families may be entitled to under Florida law, allowing them the space to focus on healing.
To speak with an experienced wrongful death car accident lawyer, call 954-500-4878 today.
How Englander Peebles Supports Families After Fatal Car Accidents
With decades of personal injury experience, Englander Peebles represents families across South Florida in wrongful death cases, including those involving fatal car accidents on Broward County roads. Having recovered more than $10 million for clients, our fatal car accident lawyers understand that while no amount of money can replace a loved one, financial compensation can provide critical stability during an unimaginably difficult time.
Founding attorneys Gary Englander and Warren Peebles approach every wrongful death case with the compassion and sensitivity these situations require. Families work directly with their attorney throughout the process, rather than being passed to paralegals or case managers, ensuring consistent and personalized guidance every step of the way.
Our Proven Legal Strategy for Fatal Car Accident Claims
We conduct a comprehensive investigation into each fatal crash, looking beyond standard police reports to identify every contributing factor and all liable parties. This process may include reviewing driver histories, vehicle maintenance records, roadway conditions, and, when applicable, corporate policies for commercial vehicles. Thoroughly identifying all sources of liability and available insurance coverage often determines whether a family receives only modest compensation or the maximum recovery allowed by law.
Our contingency fee structure ensures families face no upfront costs when pursuing justice for their loved one. We advance all case expenses, including the work of accident reconstruction specialists, economists who assess lifetime earning losses, and medical experts who document the extent of the deceased’s final injuries. Fees are collected only from successful settlements or verdicts, allowing families to seek justice without financial risk.
Understanding Florida’s Wrongful Death Process
Under Florida Statute 768.19, the law defines who may file a wrongful death claim and the types of damages that families may seek after a fatal car accident. The personal representative named in the deceased’s will, or appointed by the probate court if there is no will, must file the claim on behalf of both the estate and the surviving family members.
This legal framework recognizes that the impact of a fatal accident reaches the entire family, not only the person who died. Spouses may lose emotional companionship and financial support.
Children may be deprived of parental guidance, protection, and nurturing. Parents may lose the companionship of an adult child as well as the emotional and sometimes financial support they provided. Florida law gives each category of survivor specific rights to pursue compensation for these significant losses.
Who Can Recover Damages in a Florida Fatal Car Accident Case
The spouse of the deceased may recover damages for the loss of companionship, protection, and the mental anguish experienced from the date of the injury for the remainder of their life.
Minor children under the age of 25 may recover for the loss of parental companionship, instruction, and guidance, along with mental pain and suffering. Adult children may recover these damages only when there is no surviving spouse. Parents may seek compensation for the mental pain and suffering caused by the loss of an adult child when the child has no surviving spouse or children.
Florida law also allows blood relatives and adoptive siblings who were partly or fully dependent on the deceased for support to recover damages. This provision reflects the realities of modern family structures in which elderly parents may rely on the financial support of adult children, or siblings may share mutual economic responsibility for one another’s well-being.
Common Causes of Fatal Car Accidents in Fort Lauderdale
Understanding accident causes helps establish liability and proves negligence in wrongful death claims, as different causes implicate different parties and insurance policies.
Most Dangerous Roads and Intersections for Fatal Car Accidents in Fort Lauderdale
Fort Lauderdale’s most dangerous intersections include Broward Boulevard at U.S. 1, where heavy tourist traffic meets local commuters, and Sunrise Boulevard at Andrews Avenue, where multiple lanes and complex signal patterns create confusion. Oakland Park Boulevard at Powerline Road sees frequent fatal crashes due to high speeds and limited visibility during turns.
Interstate 95 through Broward County holds the grim distinction of containing America’s deadliest mile between the I-595 interchange and Marina Mile Boulevard, according to traffic safety studies analyzing two decades of fatal crash data. The combination of high speeds, heavy truck traffic from Port Everglades, and frequent lane changes creates lethal conditions.
Common Driver Negligence That Leads to Fatal Car Accidents
Distracted driving is responsible for a growing share of fatal accidents, often involving drivers who text, adjust navigation apps, or use social media while navigating Fort Lauderdale streets. Impaired driving remains a persistent problem, particularly during late-night hours when bars close along Las Olas Boulevard and the beach areas. Speed-related fatalities spike on highways and rural roads where drivers feel emboldened to exceed safe limits.
Driver fatigue affects commercial drivers bound by tight delivery schedules and rideshare drivers working excessive hours to maximize earnings. Aggressive driving behaviors including tailgating, unsafe lane changes, and road rage incidents contribute to fatal crashes during rush hours on congested roadways.
Pursuing Compensation Through Wrongful Death Claims
A fatal car accident lawyer helps families understand and pursue all available compensation sources, which often exceed what insurance companies initially offer.
Economic Damages in Fatal Accident Cases
Medical expenses from the final injury through death, including emergency transport, trauma care, surgeries, and intensive care unit stays, often reach hundreds of thousands of dollars in the attempts to save lives after severe crashes. Funeral and burial costs in South Florida average $8,000 to $15,000, creating immediate financial pressure on grieving families.
Lost income and benefits require careful calculation by economic experts who project what the deceased would have earned throughout their expected working life, including salary increases, bonuses, retirement contributions, and employment benefits. Young professionals may have lost earnings exceeding several million dollars, while established workers near retirement still represent substantial economic losses.
Property damage extends beyond vehicle replacement to include personal items in the car, from electronics to jewelry to work equipment. Lost household services have economic value when families must hire help for tasks the deceased previously performed, from childcare to home maintenance.
Non-Economic Damages for Surviving Family Members
Pain and suffering compensation addresses both the deceased’s suffering before death and the family’s ongoing emotional trauma. Mental anguish, grief, and loss of companionship have real value under Florida law, though insurance companies often minimize these profound losses.
Loss of parental guidance affects children throughout their lives, impacting everything from daily homework help to major life decisions where parental wisdom would have provided direction. Spouses lose not just financial support but the intimate partnership, shared experiences, and emotional support that define marriages.
How Insurance Companies Handle Fatal Accident Claims
Insurance companies often approach fatal accident claims as business transactions, a mindset that clashes with families seeking recognition of their profound loss. This makes experienced legal representation especially important.
Insurance Company Tactics That Can Hurt Your Fatal Car Accident Claim
Insurance companies often extend quick settlement offers before grieving families fully grasp the scope of their losses or future needs, exploiting emotional distress and financial strain to secure payouts far below the claim’s value. Even when evidence of liability is clear, insurers frequently dispute responsibility, forcing families to prove negligence while simultaneously handling funeral arrangements and estate matters.
Delaying tactics stretch investigations unnecessarily, hoping financial pressure forces acceptance of lowball offers as bills accumulate. Recorded statements taken in the immediate aftermath often contain inconsistencies that insurers exploit to undermine claims, which is why having an attorney involved as soon as possible is so important.
How a Fatal Car Accident Lawyer Protects Your Rights Against Insurance Companies
Your fatal car accident lawyer handles all insurance communications, preventing manipulation during vulnerable times and maintaining consistent messaging that protects claim value. We understand policy language, coverage triggers, and bad faith insurance practices that adjusters hope grieving families won’t recognize.
Fighting for fair compensation means challenging inadequate offers with evidence of true losses, from economic projections to testimony about the deceased’s role in family life. Insurance companies know which law firms accept quick settlements versus those prepared for trial, affecting every settlement offer.
FAQ for Fatal Car Accident Lawyers
What’s the difference between criminal charges and wrongful death claims?
Criminal charges like vehicular homicide punish wrongdoing through imprisonment or fines paid to the state, while wrongful death claims seek financial compensation for families’ losses paid by insurance companies or defendants. These proceedings happen independently, meaning families may pursue wrongful death claims regardless of criminal case outcomes. A fatal car accident lawyer handles only the civil wrongful death claim, not criminal proceedings.
Who can legally file a wrongful death lawsuit in Florida?
Only the personal representative of the deceased’s estate may file a wrongful death lawsuit under Florida law, though the claim benefits surviving family members. If the deceased had a will, it names the personal representative. Without a will, the court appoints a representative, usually the surviving spouse or adult child. Your fatal car accident lawyer guides the representative through this process.
How long do families have to file wrongful death claims in Florida?
Florida Statute 95.11 provides two years from the date of death to file a wrongful death lawsuit, though some exceptions may apply in cases involving government entities or undiscovered defendants. Missing this deadline generally eliminates the right to seek compensation regardless of case strength. Immediate consultation with a fatal car accident lawyer preserves your rights while you focus on grieving.
What if the at-fault driver lacks insurance or adequate coverage?
Uninsured and underinsured motorist coverage from the deceased’s own auto policy may provide compensation when at-fault drivers lack adequate insurance. Additional coverage sources might include umbrella policies, employer-provided insurance if the deceased was working, or claims against other liable parties like vehicle manufacturers or government entities responsible for road maintenance.
How are wrongful death settlements divided among family members?
Florida law specifies how wrongful death settlements distribute among survivors based on their relationship to the deceased and dependency levels. The personal representative receives funds and distributes them according to statutory requirements and court approval. Each survivor’s portion depends on factors including financial dependency, relationship duration, and specific losses suffered.
What evidence proves negligence in fatal car accident cases?
Evidence establishing negligence includes police reports citing traffic violations, witness testimony about dangerous driving behaviors, surveillance or dashcam footage showing the crash, cell phone records proving distraction, toxicology reports showing impairment, and vehicle data recordings demonstrating speed or brake application. Your fatal car accident lawyer coordinates with accident reconstruction experts who analyze physical evidence to demonstrate how negligence caused the fatal crash.
Seek Justice and Financial Recovery with a Fort Lauderdale Fatal Car Accident Lawyer
Losing a loved one in a car accident can make the future feel unimaginable, yet many families draw strength from the pursuit of justice in the wake of a preventable death. Although legal action cannot erase the pain or fill the emotional void, it can bring a measure of stability and accountability that allows families to begin rebuilding their lives.
At Englander Peebles, we are committed to carrying the weight of the legal process so you can focus on healing and honoring the memory of your loved one. Our fatal car accident lawyers blend determined advocacy with compassionate guidance, working tirelessly to secure the full compensation you deserve while honoring your need for privacy and dignity during such a deeply personal journey. To learn how we can help your family pursue justice and financial security after your loss, call 954-500-4878 today.