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What Actions are Taken Toward Compensation after a Fatal Accident in Tallahassee Florida?

— December 20, 2021

Legal counsel can initiate a wrongful death action against drivers who did not follow traffic laws resulting in serious car accidents.

The cause of an accident is usually not determined until police complete their investigations to establish who, or what is at fault for the accident.  Determining fault is a matter for professionals who have reviewed police reports, witness reports, car damages, roadway marks and other factors present at the time of the accident.  Compensation for any loss sustained because of the car accident including a wrongful death claim, due to partial or full negligence of another party, is in your reach to assist in payment of the significant medical expenses, loss of wages, or other life-altering events that can negatively affect your livelihood.  Accident victims should speak with a car accident attorney in Tallahassee who can guide actions to work with insurance companies to settle the dispute and payment of damages, or to initiate formal litigation.

Wrongful death litigation

A wrongful death claim can be made against a driver, if it is found that they were negligent and the identified negligence caused the death of another motorist, or passenger.  If an action for a wrongful death claim is decided by an insurance settlement, that amount will vary according to the circumstances of the accident and the insurance policy coverages available for the parties involved.  An experienced Florida car accident attorney can review the case and give professional input after consultation with financial professionals and economists to see if the insurance settlement is fair, or if a case should go to court.  It is critical to have a wrongful death case examined carefully by a qualified attorney to determine if it is better to settle with insurance companies, or to go to trial. This largely comes down to determining negligence. Legal counsel can initiate a wrongful death action against drivers who did not follow traffic laws resulting in serious car accidents.

Damages in these lawsuits can include:

Deadly Synthetic 'ISO' Implicated in At Least 19 U.S. Deaths
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  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering 
  • Punitive damages that are intended to punish the person who caused the death.

Compensation for a wrongful death will be based upon factors considered to arrive at a settlement figure including the age of the deceased, their earning capacity, their health, income at the time of death, if there are any dependents, their level of education or specialized training, medical bills, and funeral costs.  

Florida insurance

Mandatory Insurance. State of Florida requirements are that motor vehicles must have current auto insurance coverage with a minimum requirement of $10,000 in personal injury protection (PIP) and $10,000 in property damage liability (PDL).  If you have been previously convicted of certain offenses or been involved in auto accidents, the Florida Department of Motor Vehicles can request that you purchase additional auto insurance including bodily injury liability coverage (BIL). 

No-Fault Car Insurance. The Florida No-Fault Law requires drivers to carry the PIP and this no-fault coverage pays the insured’s bills, regardless of fault, up to the limit of the $10,000.

Pure comparative Negligence (51% Rule).  Florida follows the “pure comparative negligence rule” meaning that if you were responsible for any part of the activities that led to your injury, the compensation you will receive will be adjusted in accordance with that percentage of fault assigned to you.  Because the court systems in Florida follow this rule in injury cases, you may find that the insurance adjuster will also try to assign a degree of fault to decrease the settlement paid out for the accident if you go to settlement proceedings.

Hire a lawyer

An accident victim in Florida can take steps within the 2 year statute of limitations, to minimize additional stress by hiring competent legal counsel at who can objectively speak on a victim’s behalf in a courtroom, or against an insurance company’s legal team, yielding a swift and fair monetary settlement.. 


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