Collecting Damages from the Deceased When You Are InjuredWhen we talk about accidents, there’s a long list of situations this could refer to. We all have them in some form throughout our lives; it’s part of being human, after all. However, many accidents have serious, permanent consequences for all involved. Vehicle collisions, falls, and defective products can lead to life-threatening injuries and trauma. Depending on the injuries in question, a victim could require thousands and thousands of dollars’ worth of medical care for years to come.

If your accident was caused by the negligent or otherwise reckless actions of someone else, you are entitled to pursue compensation for your losses. Not every situation is as clear-cut, though, so it is important to know what you can do if the unexpected happens.

What happens if the party responsible for your injuries passes away?

Even if your car accident happened because of careless driving, it is still a sudden and traumatic event for every party involved. People can’t predict accidents by nature — there is no time for anyone to brace or react “properly” in the majority of cases. All this is to say that you may not be the only injured party, even if you aren’t who caused the accident. In some situations, that responsible party may not have even survived the collision.

But you did, and you are severely injured to the point of disability or disfigurement. Your car is totaled and you cannot work for the foreseeable future. It can be difficult — and even feel cruel — to even consider seeking damages from a grieving family, but the accident happened due to the other driver’s recklessness. It doesn’t matter what form that recklessness took; drinking, texting, speeding, and aggressiveness can all lead to the same tragic conclusion.

You need to look after yourself and your rights. With the way Florida’s no-fault car insurance works, there is an upper limit to what your policy will pay for. If your injuries are severe enough, you may simply need more to cover it. Forgoing this can mean putting yourself in a lifetime of debt while also coping with your injuries, all thanks to an accident caused by the carelessness of someone else.

So, if the responsible party does not survive the accident, you would seek compensation from the estate (assets and property) they leave behind. Usually, their next-of-kin stands as their representative, though a court-assigned administrator may take this role instead if no kin is available. This can be an incredibly intricate and difficult case for a multitude of reasons, which is why hiring an experienced Fort Lauderdale personal injury attorney is so important. Having a trained, legal professional who knows how to navigate and make sense of every detail can be the difference between leaving with nothing — and everything.

It is not about being cruel. It is not about being greedy. It is about protecting yourself, your rights, your family, and your future.

Understanding what to do after a Fort Lauderdale car accident

No matter the exact circumstances of your accident, knowing the best steps to take immediately following one can not only help your future case, but also make sure you get everything you need to recover. After going through such a jarring experience, you may be in a state of shock — not to mention pain from your injuries — but the more boxes you can check off the following list, the better off you will be:

  • Before anything else, seek medical attention. Call 911 for help as soon as you are able.
  • If possible, record as much information at the scene as possible. This includes witness names and descriptions, dates, and any other pertinent details you can note.
  • Take as many pictures as you can, of both the scene of the accident and your injuries before treatment.
  • Record everything you can while it is fresh in your memory. Keep copies of every doctor’s note and prescription, and your insurance records to give to your attorney.
  • Get an attorney involved as quickly as possible. Your attorney can guide you through each and every step in documenting and building your case. Especially if you were too injured to gather substantial information at the scene, you should take immediate legal action to protect yourself.

Sometimes, accidents end tragically for multiple parties. If you are the surviving kin of a loved one after a careless driver ended their life, you have the power to go after the responsible party’s estate, too. No grieving family should ever have to worry about affording to survive after losing a loved one, regardless of the cause. Contacting a personal injury attorney who is experienced in wrongful death suits is not about attacking “the other side;” it’s about protecting your family and your future.

Any car accident case that involves catastrophic injuries and fatalities is no easy case indeed. Between greedy car insurance companies, high tensions and raw emotions, and a sudden new normal, there is a lot that can — and does — go wrong without the right guidance. The Fort Lauderdale personal injury and wrongful death attorneys at Yeboah Law Group have years of experience serving victims and their families throughout South Florida and Miami-Dade County. We take the rights and finances of our clients as seriously as they do, and we work tirelessly to protect them. You and your family deserve rest and security now more than ever. To learn how we can achieve that for you with no up-front costs, call us today at 1-800-TELL-SAM or use our contact form.