A fatal crash can leave a family answering questions they never expected to hear. A fatal car accident lawyer in Stuart can step in early, find out what happened, and protect the family’s ability to pursue a wrongful death claim.
At The Schiller Kessler Group, we bring over three decades of experience to serious injury and wrongful death cases. That history helps us recognize where insurance disputes may start and what needs attention first.
Our Stuart car accident lawyers can take over communication with insurance companies, explain the legal process, and give your family clear answers about what comes next. Call us today.
What Happens to a Car Accident Claim When Someone Dies?
When injuries from a car crash result in death, Florida law allows the personal representative to bring a wrongful death action for losses connected to the death. A Stuart personal injury lawyer can explain who may have rights under that claim and how the process works.
The insurance claim also changes. Instead of dealing only with medical bills and vehicle damage, the case can involve funeral costs, lost financial support, and other losses tied to the death.
You do not need every detail before you call us. We can begin with the crash report number, insurance information, and what your family knows about the collision, then determine what other records or information we need.
More people choose The Schiller Kessler Group because they know that we're a cut above other personal injury law firms.
Who Brings a Wrongful Death Claim in Florida?
Florida Statutes § 768.20 requires the personal representative to bring the wrongful death action. That person pursues damages for the estate and the family members the statute recognizes as survivors. The statute does not require each relative to file a separate lawsuit.
A will may nominate someone to serve as personal representative. The probate court formally appoints the personal representative, and if no one is nominated, Florida law provides an order of preference for appointment. We can explain what that person is responsible for and how the role fits into the wrongful death claim.
Florida Statutes § 95.11(5)(e) generally gives the personal representative two years to file the action. That deadline can become easy to lose track of when the family is also handling estate issues, insurance questions, and other decisions after the death.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
What the Crash Scene Can Reveal About a Fatal Collision in Stuart
A family may know where the crash happened without knowing what happened in the seconds before it. On Stuart routes such as U.S. 1 or Kanner Highway, another driver, a nearby business, or vehicle data may provide information the family never had.
We look closely at what was happening on the road itself. The lane layout, traffic signals, vehicle damage, and what people nearby saw can all help us piece together how the crash unfolded.
Drivers and witnesses do not always remember the same thing. One person may say the light was green or the turn was safe, while someone else remembers it differently. Our Stuart fatal car accident attorneys compare those accounts with what the scene and vehicles can show.
How Can Insurance Companies Dispute a Stuart Fatal Crash Claim?
Insurance companies may accept that a death occurred and still fight over who caused the collision. They can question speed, right of way, distraction, or another driver’s actions in an effort to reduce their insured’s share of fault.
If an insurance company tries to place some of the blame on the person who died, we do not take that percentage at face value. We look at the records and accounts that support it, then compare them with the rest of the evidence.
A fault dispute can affect the amount a family recovers. Florida uses modified comparative negligence in negligence cases, so fault assigned to the person who died can reduce or, in some situations, prevent recovery. That is why we look closely at the facts behind any percentage of blame the insurer assigns.
What Losses Can a Stuart Family Include in the Claim?
A wrongful death claim can account for losses that continue long past the day of the collision. Florida Statutes § 768.21 sets out damages for survivors and the estate, and Florida law ties each category to the family relationships and facts involved.
A claim may include the following:
- Lost support and services
- Loss of companionship or protection where Florida law permits it
- Mental pain and suffering for survivors who qualify
- Medical expenses connected to the final injury
- Funeral expenses
- Certain lost earnings and estate losses
A paycheck is only one piece of what a person may have contributed at home. They may have handled school pickups, paid most of the rent or mortgage, cared for a parent, or taken care of responsibilities another family member now has to absorb.
Why Timing Can Affect a Fatal Crash Claim in Stuart
Some information has a short life. A business may record over old video, a vehicle may leave a storage lot, and a witness may become harder to locate months later. We look for those sources before they disappear or become harder to obtain.
Some records take time to collect from employers, medical providers, insurance companies, and other sources. Starting sooner gives us more room to gather what we need before settlement discussions begin.
Once we have those records, we can compare them with the insurer’s position and see where the disagreements are. That can make it easier to respond when the company questions fault, damages, or the amount of the claim.
How Stuart Fatal Car Accident Attorneys Prepare a Case
We prepare the case so we can explain exactly why each responsible party should answer for the death and what the claim includes. That means organizing the records, witness information, financial documentation, and other support we may need during negotiations or in court.
We also look for other parties whose conduct may have contributed to the collision. A company vehicle, an unsafe vehicle condition, or another driver can change who belongs in the claim and which insurance policies may apply.
Our Stuart fatal car accident attorneys will negotiate from a developed record instead of assumptions about what happened. If settlement talks do not resolve the case, we can take the next legal steps and present the evidence in court.
Contact The Schiller Kessler Group After a Fatal Crash in Stuart
Your family may face legal decisions at the same time you are planning a funeral, missing work, and adjusting to changes at home. We can take the claim-related questions off your plate and keep you informed about where the case stands.
The Schiller Kessler Group has helped more than 30,000 Florida injury victims pursue compensation. We provide personal attention, prompt communication, and aggressive representation, and we work on a contingency basis. You pay no upfront attorney fees, and we collect only if we recover compensation for you.
Call us today for a free, no-obligation case review. We can meet at your home, office, or hospital if needed. Tell us what you know about the crash, and we will explain the options available to your family under Florida law.
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