Losing a loved one unexpectedly in a car accident is one of the most devastating experiences a family can endure. Learning that another driver’s negligence caused the loss can amplify your pain.
In addition to the emotional toll, this kind of loss can also have a significant financial impact. Fortunately, a Florida fatal car accident lawyer can help you pursue damages.
At The Schiller Kessler Group, we understand how fatal car accidents can also shatter the lives of surviving loved ones. Our Florida car accident lawyers are here to offer compassionate legal support while pursuing the compensation you need to begin the process of healing and rebuilding.
Reach out today to schedule a free consultation with a member of our legal team.
How a Fatal Car Accident Attorney in Florida Can Help Your Family
Many items must be addressed following a fatal car accident. In addition to dealing with insurance claims, you will need a comprehensive legal strategy, an understanding of state laws, and, most importantly, sensitivity to the emotional toll you’re facing.
When you choose The Schiller Kessler Group, you gain a legal partner that prioritizes both obtaining justice and your family’s well-being.
From day one, our legal team will work tirelessly to uncover the full details of the accident. We aim to build a strong, evidence-based case by conducting a thorough investigation, which typically includes:
- Collecting physical evidence from the crash site
- Reviewing police and accident reports
- Interviewing eyewitnesses
- Consulting accident reconstruction experts
- Analyzing medical records and autopsy findings (if applicable)
- Determining all potentially liable parties
Once liability is established, our Florida personal injury lawyers will begin the process of pursuing the full compensation allowed under Florida law.
Whether through negotiations with insurance carriers or, if necessary, through a trial, we are prepared to fight for the justice your loved one deserves.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Time Limits for Filing a Fatal Car Accident Claim in Florida
Florida law imposes a strict statute of limitations on filing legal claims related to fatal car accidents. Generally, surviving family members have two years from the date of death to initiate a wrongful death lawsuit. If this deadline is missed, your right to seek compensation could be permanently lost.
That’s why it’s crucial to act quickly. Even though two years might sound like a generous amount of time, evidence can disappear, memories fade, and legal complications can arise without warning.
Florida law also follows a modified comparative negligence rule. If the deceased is found more than 50% at fault for the crash, their family may be barred from recovering damages.
Florida’s no-fault insurance system typically requires drivers to use their personal injury protection (PIP) coverage first, but fatal accidents fall outside those limits. In these cases, surviving family members can pursue a wrongful death claim directly against the at-fault party.
By speaking with a Florida fatal car accident attorney as soon as possible, you improve your chances of preserving critical evidence, securing witness testimony, and building a compelling case.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Why You Should Avoid Speaking to Insurance Companies Without Legal Representation
After a fatal accident, insurance companies often reach out to grieving families quickly. While their tone may be polite and their intentions may seem caring, their true objective is to protect the insurance company’s bottom line.
They are not interested in helping you through this difficult time. Instead, they aim to limit their financial exposure, which will come at your expense.
Adjusters are trained to minimize payouts. In this effort, they may try to get you to make statements or accept settlements that don’t reflect the full scope of your losses. Signing anything or giving a recorded statement without legal advice can put your claim at risk.
When you hire The Schiller Kessler Group, we will take over all communications with insurers. This not only relieves you of additional stress but also helps ensure that your claim is protected against bad-faith tactics and lowball offers.
Most Fatal Car Accident Cases in Florida Settle Outside of Court
The idea of going to court can be intimidating. However, most of the time, going to court is unnecessary after a fatal car accident. The majority of these claims are resolved through out-of-court settlements. This often results in faster resolution and less emotional strain on surviving family members.
However, accepting the first settlement offer you receive, especially without legal advice, is rarely advisable. Insurance companies typically make initial offers that fall far short of covering the full extent of a family’s financial and emotional losses.
When you work with our team, you can rest easy knowing that we prepare every case as if it will go to trial. This approach ensures that we’re negotiating from a position of strength and fully ready to proceed to court if a fair settlement cannot be reached. Our trial-readiness often motivates insurers to offer more reasonable settlements during negotiations.
Compensation Available After a Fatal Car Accident in Florida
While no financial award can ever truly compensate for the loss of a loved one, pursuing a claim can provide much-needed financial relief and hold the responsible party accountable. Identifying all the damages you are eligible to pursue is critical for recovering the full value of your losses.
Our Florida fatal car accident attorneys will evaluate your unique circumstances to determine which types of damages your family may be eligible to recover.
Compensation in fatal car accident cases may include:
- Funeral and burial expenses
- Medical bills incurred prior to death
- Loss of your loved one’s income and future earning potential
- Loss of benefits, including health insurance and retirement plans
- Pain and suffering experienced by the deceased before passing
- Loss of companionship, care, and guidance
- Emotional distress suffered by surviving family members
In cases involving extreme negligence or reckless behavior, punitive damages may also be pursued. These damages are only awarded in a small percentage of cases.
Unlike compensatory damages, punitive damages are not focused on replacing the losses incurred, but instead are meant to penalize the wrongdoer and deter similar conduct in the future.
Punitive damages are only awarded in a small percentage of fatal car accident cases. An experienced fatal car accident attorney serving Florida can help you determine if the actions or inaction of the liable party meet the threshold for punitive damages to apply.
Get Help From a Fatal Car Accident Lawyer Serving Florida Today
With more than three decades of legal experience, our team has successfully helped thousands of Florida families handle personal injury and wrongful death claims.
Since our founding in 2004, we’ve represented over 30,000 clients across the state, and have a strong track record of obtaining favorable outcomes both through negotiations and at trial.
We bring a unique combination of aggressive representation and compassionate client care. Our lawyers are not only dedicated to getting results, they’re also committed to standing by your side throughout the entire process.
Call us today or fill out our online form to schedule a free consultation with an experienced lawyer from our team.
Injured? Call The Aggressive Attorneys Today
