Proving Negligence in a Car Accident Wrongful Death Case

car accident wrongful death

Losing a loved one in a car accident devastates families emotionally and can leave them facing significant financial distress. When the crash resulted from someone else’s careless or reckless actions, the surviving family members deserve justice and fair compensation.

A wrongful death claim in Florida may provide accountability and a measure of comfort as you move forward. To win your case, you must prove the at-fault party’s negligence. The experienced car accident wrongful death lawyers at Zimmet & Zimmet have extensive experience leading families through the legal process and seeking compensation for their terrible loss. Contact us today for a free consultation.

How a Daytona Beach Wrongful Death Car Accident Lawyer Can Help You

Proving negligence in a wrongful death case can be a complicated task without the guidance of an experienced attorney. Here’s how the legal team at Zimmet & Zimmet can help:

  • Free case review: We offer private initial consultations to grieving families at no charge. During that time, we’ll discuss the details of your case, answer your questions, and explain your legal rights and options.
  • Extensive experience: Our law firm has protected the rights of Florida families for over 50 years, with millions recovered in settlements and verdicts for personal injury victims. We have the knowledge and resources to fight for justice when you need it most.
  • Thorough investigation: Our car accident attorneys gather police reports, interview witnesses, review surveillance and dashcam footage, collect medical and financial records, and collaborate with experts to build a compelling case for fair compensation.
  • Consistent communication: We prioritize availability and direct communication with your attorney. You won’t feel left in the dark about the status of your case, and we’re here to answer any questions.
  • No fee unless we win: Our firm operates on a contingency fee basis, meaning you pay nothing upfront and owe no legal fees unless we win your case.

What Is Negligence in Wrongful Death Cases?

In many wrongful death claims involving motor vehicles, proving negligence is essential to recover compensation. Negligence means someone failed to act with reasonable care, leading to another person’s untimely death.

To establish that negligence resulted in your loved one’s death, your attorney must prove four elements:

  • Duty of care: You must show that the responsible party had a duty to avoid harming the victim. In car accident claims, this duty requires drivers to act responsibly and obey traffic laws.
  • Breach of duty: The evidence must demonstrate that the other party violated their duty to keep your loved one safe. For example, speeding or driving under the influence can serve as proof of the defendant’s breach of duty.
  • Causation: The next step is linking the breach directly to the decedent’s death. Your wrongful death claim lawyer can use medical records and work with accident reconstruction specialists to make the connection.
  • Damages: Finally, you must then show the emotional and financial harm you suffered due to your loss. Hospital bills, funeral and burial invoices, the deceased person’s employment records, and testimony from family and friends can demonstrate your economic and non-economic losses.

Common Causes of Negligence in Fatal Car Accidents

Negligence in wrongful death lawsuits can take many forms, and liability may be assigned to multiple parties. Some of the most common causes of fatal accidents include:

Our legal team conducts thorough investigations into fatal accident cases to identify the negligent party(s) and gather the evidence necessary to hold them accountable. Next, we can file a wrongful death claim with the liable party’s insurer and demand full compensation for your losses.

Evidence to Prove Negligence in a Wrongful Death Car Accident Case

All successful wrongful death claims require persuasive evidence that the at-fault party caused the accident and the resulting damages. Key evidence to support these cases usually includes:

Police Reports and Accident Reconstruction Analyses

The official police report will provide crucial details about the crash taken from the accident scene. This may include statements from the involved parties and witnesses, citations issued, weather conditions, accident diagrams, and the officer’s initial assessment of fault. Accident reconstruction specialists can perform scientific analyses to determine how the wreck occurred and who caused it.

Eyewitness Accounts and Expert Opinions

Accident witnesses can provide unbiased observations to support a negligence claim. Testimony from medical experts or engineers can explain how the liable party’s actions caused the fatal outcome.

Medical Records and Autopsy Reports

Medical documentation establishes the cause of death and links the fatal injuries directly to the auto accident.

Photos, Videos, and Surveillance Footage

Visual evidence often tells the most compelling story. Photos and videos of the accident scene can show the at-fault party’s negligent actions before, during, and after the collision. Dashcams, security cameras, and traffic cam footage may have captured exactly what happened and strongly support your wrongful death claim.

Challenges in Proving Wrongful Death Claims

Families who file wrongful death claims may encounter several challenges that require both experience and preparation to overcome. Insurance companies employ various tactics to weaken your claim and minimize your payout. For example, they may delay the process to pressure you into accepting a lower settlement or deflect blame onto the victim or another party. These tactics become more effective without a substantial body of solid evidence.

Another challenge in pursuing these claims is the emotional toll it takes on the family. Tackling complicated legal issues while mourning can be exceptionally difficult. Our attorneys can lift that burden by doing the legal legwork for you, including negotiating with stubborn insurers.

Compensation Available in Car Accident Wrongful Death Cases

Under Florida’s wrongful death statute, surviving family members may recover damages for losses like:

  • Medical expenses incurred before the deceased’s passing
  • Loss of financial support
  • Funeral and burial expenses
  • Pain and suffering endured by the family
  • Loss of companionship, services, and guidance
  • Emotional distress
  • Punitive damages (in some cases)

Most wrongful death cases end in settlements. However, if the insurance company refuses to make a fair offer, Zimmet & Zimmet is prepared to file a civil lawsuit and take your case to trial.

Contact a Florida Wrongful Death Lawyer Today

If you’ve lost a loved one in a motor vehicle accident caused by someone else’s negligence, reach out to the compassionate wrongful death attorneys at Zimmet & Zimmet today. With over five decades of service to Daytona Beach and the surrounding communities, our firm is committed to providing sympathetic support and pursuing justice for grieving families.

We’re thankful for our clients’ five-star reviews on Google and letting us know we are serving them well. Here’s what Alexis Martin Yoga had to say about working with our firm:

“The accident was awful but the support and direction I received from Ron Zimmet was wonderful. Jolene, the office administrator was a pleasure to talk to and very caring. They completely took care of all of my concerns and communicated with me throughout the entire process. I would highly recommend their services if you are in need of an accident attorney.”

When you’re ready to talk, our attorneys are here to listen. Contact us today for a free consultation.