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11 Sep

Holding Hit-and-Run Drivers Accountable: Wrongful Death Claims

By Melissa Hidalgo

Hit-and-run is a devastating road accident case with far-reaching consequences. When a loved one is tragically taken in a hit-and-run accident, the pain and suffering for the surviving family is immeasurable. Not only do they grapple with the emotional turmoil of loss, but they also face a complex legal landscape.

If the hit-and-run driver is identified, families get the opportunity to pursue a wrongful death lawsuit. While no legal action can undo the loss, financial compensation can provide some measure of relief and help cover the costs associated with this traumatic event.

At Injury Assistance Law Firm, we understand the challenges you're facing. Our experienced Florida wrongful death attorneys are dedicated to helping families like yours seek justice and recover damages. Don't navigate this difficult time alone. Contact us today for a free consultation.

Can You Sue the Driver After a Fatal Hit-and-Run?

If law enforcement has identified the driver responsible for the hit-and-run that claimed your loved one’s life, there is a possibility of pursuing a wrongful death lawsuit. Under Florida law, the lawsuit is initiated by the victim's personal representative, with any awarded damages benefiting the surviving dependents.

To successfully pursue a wrongful death claim, our Florida wrongful death attorneys must establish the following:

  • Duty of Care: The at-fault driver owed a duty of care to the injured/deceased.
  • Breach of Duty: The driver violated this duty through negligent actions.
  • Causation: The driver's negligence directly caused the hit-and-run accident.
  • Damages: The victim's death resulted from the accident.

The burden of proof in a wrongful death case lies with the plaintiff, meaning we must demonstrate that the defendant's negligence was more likely than not the cause of the fatal accident.

At Injury Assistance Law Firm, we understand the complexities of wrongful death litigation. Our experienced legal team will work tirelessly to build a strong case on your behalf and seek the justice and compensation you deserve.

Can You Sue a Hit-and-Run Driver Facing Criminal Charges?

A criminal case and a civil lawsuit are distinct legal proceedings with separate goals. While criminal charges aim to punish the offender, a civil lawsuit seeks to compensate the victim or their family for damages suffered.

Even if the hit-and-run driver is convicted in a criminal court, the victim’s family may still file a civil wrongful death lawsuit. The outcome of one case does not necessarily influence the other. Criminal penalties often do not fully address the financial hardships and emotional trauma experienced by the bereaved family.

At Injury Assistance Law Firm, our Orlando wrongful death attorneys can guide you through the complexities of both criminal and civil proceedings. We will aggressively pursue compensation to help you rebuild your life after this tragic loss.

Filing a Wrongful Death Lawsuit: Your Path to Justice

Losing a loved one in a hit-and-run accident is a devastating experience. You may be eligible to file a wrongful death lawsuit to seek compensation for your loss. However, navigating the legal process can be overwhelming, especially during this difficult time.

Who Can File a Wrongful Death Lawsuit? In Florida, close family members of the deceased have the right to file a wrongful death lawsuit. To be eligible, you must demonstrate that the death caused financial and emotional damages to the family. While proving negligence can be challenging in hit-and-run cases, the driver's decision to flee the scene is strong evidence of carelessness.

What if the Hit-and-Run Driver Cannot Be Found? You might be wondering if you can still seek compensation if the hit-and-run driver remains unidentified. In some cases, it may be possible to pursue a claim against your own insurance policy. Our experienced Florida wrongful death attorneys can help you explore this option.

Proving Negligence and Calculating Damages To successfully pursue a wrongful death claim, we must prove that the deceased was not at fault for the accident. Additionally, we will calculate the damages you and your family have suffered, including:

  • Loss of companionship: The emotional impact of losing a loved one.
  • Loss of financial support: The loss of income the deceased provided.
  • Medical expenses: Costs incurred before and after the accident.
  • Funeral and burial expenses: Costs associated with laying your loved one to rest.

At Injury Assistance Law Firm, we understand the complexities of wrongful death law. We are committed to providing compassionate and aggressive representation to help you seek justice and financial recovery.

A Heartbreaking Case: The Impact of Hit-and-Run Wrongful Death

The sudden loss of a loved one is a devastating experience, compounded when children are left behind. When a fatal car accident is caused by a hit-and-run driver, the surviving family may have grounds to pursue a wrongful death lawsuit. Such a claim aims to recover compensation for the significant losses incurred.

A tragic 2016 incident in Florida highlights the devastating consequences of hit-and-run accidents. A woman and her two young children were struck by a vehicle while walking on the side of a road. Shockingly, the driver fled the scene. Witnesses reported that the driver was swerving prior to the impact. The mother tragically succumbed to her injuries while her children were hospitalized.

Authorities apprehended the driver and believed he was under the influence at the time of the accident. He faces charges for leaving the scene, with additional charges pending. While criminal charges may hold the driver accountable, they cannot fully compensate the family for their loss.

The grieving family is now faced with the heartbreaking reality of life without their loved one and the ongoing medical needs of their injured children. Pursuing a wrongful death claim could provide crucial financial support during this challenging time. A conviction in a criminal case may serve as valuable evidence in a subsequent civil lawsuit.

If you or a loved one has been affected by a similar tragedy, please reach out to Injury Assistance Law Firm. Our experienced Florida wrongful death attorneys are here to guide you through this difficult process and fight for the justice and compensation you deserve.

Do You Need a Fatal Florida Hit-and-Run Accident Lawyer?

Losing a loved one in a hit-and-run accident is a devastating experience. Navigating the legal complexities that follow can be overwhelming. At Injury Assistance Law Firm, our compassionate Florida wrongful death attorneys are here to help. With decades of combined experience, we understand the challenges you’re facing and are committed to providing unwavering support. We will tirelessly work to build a strong case, seek justice, and recover the compensation your family deserves. Don’t face this difficult time alone. Contact us today for a free consultation.