Latest Blogs

In wrongful death cases, multiple parties can share liability for the victim’s untimely death. Determining which party (or parties) should be held liable starts with a comprehensive investigation. In fatal auto accident cases, you may also be able to file an uninsured/underinsured motorist (UM) claim.

For grieving families, filing a wrongful death claim after a fatal accident can be important for multiple reasons. Hiring an experienced Fort Myers wrongful death attorney with Spivey Law Firm, Personal Injury Attorneys, P.A. to investigate can help you learn what happened, and seeking accountability can provide much-needed closure.

It also helps secure the financial resources family members will need for the future.

As a general rule, parties responsible for fatal accidents can be held financially liable under Florida law. When multiple parties share responsibility, Florida law can hold each one financially liable based on their percentage of fault. These cases are complex, so it is especially important to work with an experienced attorney throughout the process.

Determining Liability for a Fatal Accident in Florida Involving Multiple At-Fault Parties

Determining liability for a fatal accident in Florida starts with conducting a comprehensive investigation. Once you know why the accident happened, you can determine which party (or parties) should be held liable.

Several circumstances allow multiple parties to share liability for a fatal accident. Some examples of circumstances in which family members may have grounds to file wrongful death claims against multiple parties include:

• A commercial truck accident involving a cargo loading error and driver negligence
• A car or motorcycle accident involving a brake failure and driver negligence
• A truck, car, or motorcycle accident involving a road hazard and driver negligence
• A multi-vehicle pileup involving multiple negligent drivers
• A fatal premises-related accident involving a construction defect and a negligent inspection

Again, these are just examples to give you an idea of the types of circumstances in which multiple parties can share liability for a fatal accident. Once you hire a Fort Myers wrongful death attorney to investigate your loved one’s fatal accident, your family’s attorney will be able to provide custom-tailored advice based on the specific circumstances at hand.

Uninsured/Underinsured Motorist (UM) Claims Involving Fatal Auto Accidents in Florida

In cases involving fatal auto accidents, uninsured/underinsured motorist (UM) coverage can also serve as a source of financial compensation for the victim’s family. Florida law requires drivers to carry personal injury protection and property damage coverage, but not bodily injury liability coverage. Bodily injury liability coverage covers victims’ and families’ medical bills, lost income, pain and suffering, and other losses.

As a result, many drivers do not carry bodily injury liability coverage, and many who do carry only a small amount.

This is where UM coverage comes into play. In wrongful death cases, families can use their UM coverage to seek financial compensation if either: (i) the at-fault driver is uninsured; or (ii) the at-fault driver’s bodily injury liability coverage is not enough. In this scenario, the UM insurer “stands in the shoes” of the at-fault driver’s insurer, meaning the family must prove fault to secure the available coverage.

FAQs: Filing a Wrongful Death Claim in Florida

If multiple parties are responsible for my loved one’s fatal accident, do I need to file a wrongful death claim against all of them?

In many cases, the answer is yes. Florida law used to let plaintiffs recover all their losses from a single at-fault party, but that changed a few years ago. Today, Florida follows a strict “contributory negligence” rule, meaning each at-fault party is typically liable only to the extent of its percentage of fault.

While exceptions exist, they apply only in a few specific situations. An experienced wrongful death attorney can determine if any of these exceptions apply based on the circumstances surrounding your loved one’s untimely death.

How much can families typically recover in Florida wrongful death cases?

There is not a “typical” settlement or verdict in Florida wrongful death cases. In every case, available damages depend on the family’s unique circumstances. These include the family’s out-of-pocket costs, the victim’s age, the victim’s income, and occupation, and whether any family members witnessed the fatal accident, among many others.

As a result, here too, it is important to rely on the advice of an experienced wrongful death attorney. An attorney experienced in representing families in wrongful death cases can assess the value of your family’s claim and help you decide whether legal action is warranted.

Is it worth filing a wrongful death claim in Florida?

The decision of whether to pursue a wrongful death claim in Florida depends on the facts for liability, the damages involved that depend on financial records, and the insurance policies to determine the amount of coverage. It is important to consult a qualified attorney for a case evaluation. It is worth talking to an attorney at Spivey Law Firm to make an informed decision about whether your family should file a wrongful death claim in Florida. Hiring an attorney to assess your family’s legal rights costs nothing; in wrongful death cases, families do not pay any out-of-pocket fees or costs until there is a financial recovery for legal representation because we work on a contingency fee basis. Families who bring a wrongful death claim pay no legal fees or costs until they receive a monetary recovery.

How Spivey Law Firm, Personal Injury Attorneys, P.A. Can Help

Spivey Law Firm holds Martindale-Hubbell’s AV Preeminent rating, its highest distinction for professional excellence. Attorneys within the firm are recognized for their legal knowledge, communication skills, ethical standards, and integrity.

If you have lost a loved one in a fatal accident, we can provide the advice and insights you need to make informed decisions about your next steps. If you decide to file a wrongful death lawsuit, we can take all necessary steps on your family’s behalf. We will negotiate an out-of-court settlement if possible, and we will be prepared to fight for justice in court if necessary.

Schedule a Free Consultation with a Fort Myers Wrongful Death Attorney

To speak in confidence with an experienced Fort Myers wrongful death attorney about your family’s legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A. today. Call us at 239-337-7483 or toll-free at 888-477-4839, or contact us online at SpiveyLaw.com to schedule a free consultation as soon as possible.