Understanding what you need to do as the victim of a serious car accident can be challenging under any circumstances. But, it can be especially challenging if the at-fault driver died in the crash. Ultimately, however, your legal rights as a car accident victim are clear, and you can—and should—hire an experienced Florida personal injury lawyer to help you seek the financial compensation you deserve.
In most cases, pursuing just compensation after a car accident involves filing an insurance claim. If the at-fault driver had liability insurance coverage, you should be able to file a claim under his or her policy—the driver’s death does not impact your right to file a claim. If the at-fault driver didn’t have liability insurance, then you may need to deal with your own insurance company. But, there are other possibilities as well, and an experienced Florida personal injury lawyer will be able to help you seek just compensation by all means available.
5 Steps Involved in Pursuing Compensation After a Fatal Car Accident
With this in mind, if you were injured in a serious car accident and the at-fault driver died in the crash, what do you need to do to pursue compensation? Here are five key steps in the process:
1. Gathering Evidence of the Cause of the Accident
The first step is to gather evidence of the cause of the accident. This is important for a couple of reasons.
First, to file an auto insurance claim (other than a claim for “no fault” coverage under your PIP policy), you will need proof that the at-fault driver is responsible for your injuries. If you can’t prove that the driver who lost his or her life was at fault, you won’t be able to file a successful liability insurance claim.
Second, it is possible that the driver who lost his or her life was not solely at fault in the collision. If a vehicle defect, a road defect or another driver’s negligence played a role in the collision, you may need to file multiple claims in order to seek full compensation for your losses.
2. Determining What Claim (or Claims) You Can File
Once you have proof of why the accident happened, then you will be able to determine what claim (or claims) you can file. There are several possibilities, including:
- A claim under the at-fault driver’s auto insurance policy
- A claim against the at-fault driver’s estate
- A claim under your (or a family member’s) auto insurance policy
- A claim against the at-fault driver’s employer or rideshare company (if the driver was working at the time of the collision)
- A claim against a vehicle manufacturer, dealership or repair shop (if a vehicle defect played a role in the collision)
- A claim against a government agency or contractor (if a road defect played a role in the collision)
- A claim under another driver’s insurance policy (if multiple drivers’ negligence contributed to causing your injuries)
The claim (or claims) you can file will depend on the specific circumstances of your case. After assessing the circumstances at hand, your lawyer will be able to provide a comprehensive assessment of your legal rights and help you make informed decisions about how to seek just compensation for your losses.
3. Documenting the Accident’s Financial and Non-Financial Costs
Regardless of the claim (or claims) you are eligible to file, another key step in the process will be to document the accident’s financial and non-financial costs. It is up to you (and your lawyer) to prove the losses you are entitled to recover. Without proof of your losses, you won’t be able to collect the financial compensation you deserve.
There are several steps you can take to begin documenting your financial and non-financial costs. These include collecting your medical bills, collecting your employment records and starting a “pain journal,” among others. However, you will need your lawyer’s help to document the long-term costs of your injuries—as well as to determine what constitutes “just compensation” for your pain, suffering, and other non-financial losses.
4. Dealing with the Insurance Companies
After gathering evidence of liability and documenting your costs, the next step will (most likely) be to deal with the insurance companies. Even if it is clear that the driver who lost his or her life was at fault in the accident, this won’t be easy. The insurance companies put their interests first, and even your own insurance company will be working to avoid paying for your losses if at all possible.
With this in mind, you will want to have your Florida personal injury lawyer deal with the insurance companies on your behalf. Your lawyer will be able to use his or her experience to negotiate for a favorable settlement—and your lawyer will be able to help you make an informed decision about whether to accept any settlement offers that are on the table.
5. Going to Court if Necessary
While recovering just compensation after a serious car accident often involves negotiating an insurance settlement, this isn’t always the case. Sometimes, it is necessary to go to court.
Going to court could be necessary in a couple of scenarios. One possible scenario is that the insurance companies refuse to pay what they owe. Another possible scenario is that you have a claim against the at-fault driver’s estate. If the at-fault driver didn’t have liability insurance, then his or her estate may be liable for your accident-related losses.
In both of these scenarios, experienced legal representation is essential. To give yourself the best chance of recovering just compensation (with or without going to court), you should discuss your car accident with an experienced Florida personal injury lawyer as soon as possible.
[View source.]
