Wrongful Death Claims After Florida Car Accident
The death of a loved one in a car accident is an emotionally challenging experience. It can also disrupt your life for years to come.
For example, perhaps your spouse is the main provider for you and your children. If they were to die in a car accident, you would be deprived of their income. Adjusting to this change could be difficult.
If someone else caused your loved ones accident and death, you may be eligible to file a wrongful death claim or lawsuit. Tragically, car accidents can claim the lives of even the most responsible motorists. Their families can at least seek some degree of compensation for their losses when this occurs.
If youve been injured in an accident, please contact the location nearest you for a free consultation:
Hollander Law Firm Boca Raton Law Office7000 W Palmetto Park Rd #500Boca Raton, FL 33433
Hollander Law Firm Fort Lauderdale Law Office200 S.E. 6th Street #203Fort Lauderdale, FL 33301
Hollander Law Firm West Palm Beach Law Office319 Clematis St #203
Factors That Can Increase Your Risk Of Being Involved In A Car Crash
Driving behaviors can have a significant impact on your odds of being involved in a traffic accident. While many people believe that distracted driving accounts for most of the traffic accidents each year, speeding and impaired driving contributed to a significant number of car crashes in 2019.
During 2019, impaired driving was a factor in 28 percent of traffic deaths. Speeding contributed to 26 percent of traffic deaths that same year. Distracted driving was a factor in eight percent of the traffic fatalities, but that number could be underreported as people do not typically admit to being distracted at the time of a crash.
Many other factors can contribute to the cause of a car accident. Drowsy driving, road conditions, poor weather, and defective automobile parts can also be factors in deadly car crashes.
Fatal Accidents Account For Just 12% Of All Injury Crashes In Nv
The fact that most car accidents dont result in wrongful death is good newsin fact, just 1.2% of Nevada injury accidents had fatalities in 2019. Unfortunately, even nonfatal accidents can wreak havoc on your life. You may suffer anything from minor cuts and bruises to catastrophic, life-changing injuries, such as burn injuries or traumatic brain injuries.
According to the Nevada Department of Transportation , there were a total of 56,384 crashes on Nevada roads in 2019, which resulted in at least 35,176 known injuries. Thats equivalent to 93 people injured in accidents every single day for the entire year. In total, 1 in 64 Nevadans was injured in a motor vehicle accident in 2019.
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Injured In A Car Accident In Louisiana Call Mike Brandner
The consequences of fatal car accidents are undeniably devastating. Mike Brandner Injury Attorneys has worked with many grieving family members who have lost their loved ones to wrongful death resulting from a car accident. In addition, our personal injury lawyers have represented countless victims who suffered injuries in automobile accidents. Even for those who recover from their injuries, moving forward after a crash can be difficult. Mounting medical bills, and lost wages, plus pain and suffering can take a major toll on accident victims and their families.
Thats why Mike Brandner Injury Attorneys is available 24/7 to provide legal assistance to those who have been injured in a car, motorcycle, or large truck accident in Louisiana. You could be entitled to significant compensation from the at-fault party or their insurance company. Of course, insurance companies may not always want to pay their fair share. Our legal team can help you gather evidence, pinpoint the optimal legal strategy for your unique case, and negotiate a fair settlement.
Give Mike Brandner Injury Attorneys a call day or night to schedule your free consultation. If you prefer to contact us online, click on our LiveChat feature and one of our friendly representatives will be with you shortly. You have nothing to lose and everything to gain by contacting our legal team. We do not charge fees unless we win your case, and initial consultations are always free.
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Comparative Fault And Fatal Car Accidents
Comparative negligence laws reduce the compensation a car accident victim might receive for damages. If the victim is partially at fault for the car wreck, the victims compensation is reduced by their percentage of responsibility for the accident. Importantly, if the victims percent of fault is 51 percent or more, they cannot recover any money for their injury claim.
The same standard applies in wrongful death cases. If the deceased was partially to blame for the cause of the car accident, the compensation the family receives is reduced by the decedents percentage of blame.
Seeking Compensation Based On Your Car Accident Losses
If you suffered injuries in a car accident or you lost a loved one in a fatal accident, you may have the right to pursue compensation for your economic and non-economic losses. When making a claim, you may negotiate an out-of-court settlement with the insurance adjuster or other representatives from the at-fault drivers auto liability insurance policy provider.
The awards available in this type of case vary depending on your losses, and an initial settlement from an insurer may not fairly cover your expenses resulting from the accident. An attorney can help you navigate the legal options you have to receive any compensation entitled to you.
If you sustained injuries in the accident, you may qualify to recover:
- Medical care costs
- Property losses
- Pain and suffering
If your loved one died as the result of an accident, money will not lessen your grief or take away your pain. Recovering a fair settlement, however, may allow you to focus on your family and pay your bills without undue financial stress. Recoverable losses in a wrongful death claim may include:
- Loss of support
- Grief and anguish of the surviving family members
- Economic losses, including medical bills, funeral and burial expenses, lost wages, loss of inheritance, and other expenses
Financial recovery differs with each accident case, and a lawyer may help you determine which awards you can pursue.
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Is Flying The Safest Mode Of Transportation
A professor at Northwestern conducted a study analyzing the safety of different transportation methods. The study looked at the number of deaths of US residents between 2000 and 2009, and measured findings based on the deaths per billion passenger miles traveled.
This study found that flying was by far the safest type of transportation in comparison to car, bus, train, ferry, and motorcycle.
Flying had only 0.07deaths per one billion passenger miles. Alternatively, traveling by motorcycle was the most dangerous type of transportation with 212.57 deaths per billion passenger miles traveled. Commuting by car had 7.28 deaths per billion passenger miles traveled.
The conclusion: Getting on a plane is 100 times safer than getting into your car.
What Are The Odds Of Dying In A Car Crash
Since 2014, over six million motor vehicle accidents have been reported in the United States each year. In 2019 alone, there were 6,756,000 traffic accidents nationwide. The result was 36,096 traffic fatalities and 2.74 million injured persons. With such a high rate of accidents occurring each year, you may wonder: what are the odds of dying in a car crash?
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Is There A Deadline For Filing A Wrongful Death Lawsuit In New York
Yes, the New York statutes place a two-year deadline on wrongful death claims. The time for filing the wrongful death claim begins on the day the person dies, whether that is on the day of the car accident or a later date.
However, the statute of limitations for a survivorship claim can be longer. The deadline to file a survivorship claim is one year from the persons death or three years from the accident date, whichever date is longer.
Car accidents are not the only cause of wrongful death. Many incidents can result in a wrongful death claim, including slip and fall accidents, construction accidents, medical malpractice, product liability claims, and assaults.
If your loved one was killed in an accident or because of another partys negligence or wrongdoing, seek help from a wrongful death lawyer as soon as possible.
Factors Influencing The Odds Of Dying In A Car Crash
It would be impossible to list all the factors that could cause a fatal car accident.
However, the following are a few noteworthy examples:
- The size of the vehicles involved
- The speed at which the vehicles were traveling when the accident occurred
- Whether victims were wearing their seatbelts
- The physical condition of those involved in the accident
Its vital that you protect yourself and others by practicing safe driving habits. Sadly, you can only control your own choices behind the wheel. Theres still a chance youll be harmed in an accident because someone else was negligent.
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What The Sources Tell Us
There are remarkable differences and similarities. The biggest differences occur between different modes of travel. Rail and plane are much safer in terms of annual and lifetime odds than road when calculated in terms of deaths and total populations.
There are differences between countries and regions of the world, with the UK faring reasonably well on international comparisons of road deaths.
Odds Of Dying From Accidental Injuries
The chart below shows the likelihood, or odds, of dying as a result of a specific type of accident. The odds of dying over a one-year period are based on the U.S. population as a whole, not on participants in any particular activity or on how dangerous that activity may be. For example, more people are killed in auto accidents than in motorcycle accidents or airplane crashes, not because riding a motorcycle or traveling in an airplane is more or less dangerous, but because far more people travel by car. Drug poisoning is the leading cause of injury death in the United States. The lifetime chances of dying from accidental drug poisoning were one in 71 in 2018, compared with one in 608 in a car accident and one in 180,746 for fatal injuries caused by lightning.
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What Are The Odds Of Dying In A Plane Crash
If you have a fear of flying, chances are you’ve been told by someone, “don’t worry, there’s nothing to fear, flying is safe.” You might have even heard the saying “you’re more likely to die on the car ride to the airport than on the flight itself.”
But why don’t these statements help?
Because they’re vague and sound a bit cliche. They lack research, evidence or statistics. What we need is raw, hard data if we want to internalize them. In short, we need the facts if we’re going to make the mental shift that flying is safe.
For this reason, if you have a fear of flying, it’s important that you familiarize yourself with safety statistics. This is one of the best things you can do to relieve your flying anxiety – As it’s the first step toward intellectuallytrusting that flying is safe.
But just how safe is air travel?
In this article, I’m going to talk about the actual risks related to flying. You’ll be able to see for yourself that aviation is without a doubt, the safest mode of transportation.
Fatal Car Crash Statistics Breakdown
According to the Department of Florida Highway Safety and Motor Vehicles, a total of 401,768 accidents occurred across Florida in a recent year. Of these accidents, 2,951 crashes resulted in a total of 3,185 fatalities.
Alcohol was involved in 351 fatality crashes that year, while 348 crashes involved drug impairment. An additional 309 fatal crashes involved both alcohol and drugs.
Data also shows that young drivers are at a particularly high risk of death in Florida car crashes. Drivers between 15 to 17 accounted for 20 fatalities in a recent year. Another 103 were 18 to 20-year-olds. Overall, drivers aged 21 to 24 accounted for the most fatalities among young motorists, with 172 deaths.
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Car Accident Deaths: Less Common Than Car Accident Injuries
Hopefully, you will never be involved in a car accident of any kind. That said, its worth noting that your odds of losing your life in a car accident are lower than your odds of being injured. NHTSA data reveals that 2,710,000 people were injured in car accidents on Americas roads in 2018, significantly more people than are killed each year due to the same.
If youre injured in an accident, the odds are good you will need to undergo medical treatment. Paying for treatment may be difficult, particularly if your injuries prevent you from working and earning an income.
Severe injuries can also have a permanent impact on your overall quality of life. They could impact everything from your employment prospects to your ability to participate in activities you once enjoyed.
If your car accident resulted from another partys negligence, you deserve to be compensated for your losses. You can pursue compensation by filing a claim to collect from the negligent partys insurance. Alternatively, you can file a lawsuit to seek damages in court.
Seeking Compensation For A Fatal Car Accident In Florida
If your family member died in a car crash in Florida, you may be entitled to compensation for your loss.
Floridas wrongful death laws state that family members may be entitled to compensation for damages, including:
- Reasonable funeral and burial expenses paid by family members
- Pain and suffering
- Household services that the deceased would have provided
- Financial support that the deceased would have added to the household
- Loss of guidance, instruction, affection, protection, and companionship
If your family member survived for a period after the car accident, the estate may file a separate claim for damages the deceased would have been entitled to if the person lived.
Damages the estate may recover include:
- Medical expenses and bills incurred because of the car accident injuries
- Income the person lost between the date of the car wreck and the date of death
- Pain and suffering caused by mental anguish, physical injuries, and emotional distress
- Reasonable funeral and burial expenses paid by the estate
Any money received by the estate is used to pay claims filed against the estate. The remaining funds are disbursed to the persons heirs.
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Car Accidents And Wrongful Death Claims
When a person sustains injuries in a car wreck, the driver who caused the accident can be financially responsible for the victims damages. Damages could include physical pain, lost income, emotional distress, and medical bills.
However, when a person dies because of car accident injuries, the persons family may recover damages by filing a wrongful death claim.
A wrongful death is a death caused by negligence or wrongdoing. The person who caused the death did not have to do so intentionally to be financially liable for damages caused by a death. A wrongful death claim can arise from any type of motor vehicle accident, including bicycle, pedestrian, truck, motorcycle, car, and bus accidents.
What Are The Odds Of Dying In A Car Accident
The NSC estimates that you have a one in 107 risks of dying in a vehicle accident. A car accident has a better risk of killing you than a gun attack or drowning .
Suicide, on the other hand, has a higher chance of killing you than a vehicle accident. A falls chance of dying is also higher than the chance of dying in a car crash.
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Odds Of Dying In A Car Crash In A Given Year
When you zero in on different aspects of the data regarding fatal automobile crashes, the odds can vary quite dramatically. For example, if instead of focusing on your lifetime odds of dying in a wreck, you focus on the chances of dying in a car crash in a given year, youll find that the odds increase significantly in your favor.
In 2019, there were 39,107 people killed in car crashes out of a total U.S. population of 328, 239,523 people. Therefore, the average American had about 1 in 8,393 odds of being killed in a car crash that yearin other words, only a 0.012% chance.
Opioids Car Crashes And Falling: The Odds Of Dying In The Us
A new report found that, for the first time, Americans are more likely to die of an opioid overdose than in a vehicle crash. But the likeliest causes of death are still heart disease and cancer.
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The opioid crisis in the United States has become so grim that Americans are now likelier to die of an overdose than in a vehicle crash.
Thats according to a new report by the National Safety Council that analyzed the causes of preventable deaths in the country in 2017. The probability of dying from an opioid overdose, according to the report, is one in 96. The chances of dying in a vehicle crash? One in 103.
Most Americans are still most likely to die of natural causes, chiefly heart disease or cancer . But the report shows, in stark numbers, that everyday events such as falling down might be effectively more dangerous than rare ones, such as getting hit by lightning.
Human beings, we just are not good at estimating our own risk, said Ken Kolosh, manager of statistics at the National Safety Council, who oversaw the report. We tend to fixate or focus on the rare, startling event, like a plane crash or a major flood or a natural disaster, but in reality, when you look at the numbers, the everyday risks that we face and have become so accustomed to form a much greater hazard.
Heres a look at the trends, and the top 10 causes of preventable deaths.
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