Car Accidents

Miami Fatal Car Accident Lawyers

Legal help when a loved one is killed in a car accident in Florida

Losing a loved one in a car accident is an unimaginable tragedy that can leave families reeling. The prospect of filing a legal claim can feel overwhelming within this emotional turmoil. At Hickey Law Firm, we understand the impact such a loss can have on your family, and we are here to provide compassionate and skilled legal assistance to guide you through this challenging time.

Hire quality, not quantity. Bigger is not better with law firms. Better is better. We don’t advertise on TV and we don’t run a factory. We have an intense focus on you and your case. The Best Lawyers in America© recognizes John H. (Jack) Hickey in three areas: Personal Injury Litigation – Plaintiffs, Medical Malpractice – Plaintiffs, and Admiralty and Maritime Law. Attorney John H. (Jack) Hickey is Board-Certified in Civil Trial by the National Board of Trial Advocacy (NBTA). He is also double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida.

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How often do fatal accidents happen in Florida?

Miami is a bustling city. However, it has also been the scene of numerous fatal car accidents. Florida Highway Safety & Motor Vehicles (FLHSMV) reports that in 2023, there were 3,162 fatal accidents resulting in 3,375 deaths. These statistics highlight the need for awareness and proactive measures to improve road safety in our community.

What are the common causes of fatal accidents in Miami?

Understanding how fatal car accidents occur can help prevent future tragedies, as well as help determine who may be legally responsible. Here are some of the most common causes of deadly car crashes in Miami.

  • Speeding is one of the top causes of traffic fatalities. High-speed accidents often result in devastating injuries or death because there is less time to react and more force upon impact.
  • Driving under the influence of alcohol or drugs is another leading factor in many fatal crashes. The FLHSMV reports 407 deaths from alcohol-involved crashes in 2023. Despite public awareness campaigns, DUI remains a major issue here in Florida.
  • Texting, talking on the phone, adjusting the GPS, or eating while driving can lead to deadly accidents. A split second of distraction is all it takes to change lives forever.
  • Aggressive driving, like tailgating, weaving between lanes, or ignoring traffic signals, are all forms of reckless driving that can end in tragedy
  • Driver fatigue, especially among commercial drivers or shift workers, is another hazard on the road. Being groggy or even falling asleep behind the wheel can reduce judgment and reaction times.
  • Rain, fog, and poorly maintained roads can increase the likelihood of fatal accidents. Although weather is not something we can control, drivers still have a responsibility to adjust their actions accordingly.
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What is a Miami wrongful death claim?

When a loved one tragically dies due to a car accident, Florida law offers a path for surviving family members to seek justice through a wrongful death claim. This type of legal action is meant to hold the responsible party accountable and provide compensation for the losses suffered by the family.

In Florida, the personal representative of the deceased’s estate is responsible for filing a wrongful death lawsuit. This representative acts on behalf of the deceased’s surviving family members, which can include the following:

  • Spouse
  • Children
  • Parents
  • Dependent blood relatives or adoptive siblings

The personal representative is typically named in the deceased’s will or estate plan. If no such plan exists, the court may appoint someone to serve in this capacity.

Time is also an important factor in wrongful death cases. Florida’s statute of limitations requires that a wrongful death lawsuit be filed within two years from the date of death. If you fail to take action within this timeframe, it can result in the loss of your right to seek compensation for your losses.

Who is liable in a Miami fatal accident?

To establish liability in a fatal car accident, our attorneys must demonstrate that the at-fault party’s negligence or wrongful actions directly caused the person’s death. Key elements of this include:

  • The defendant owed a legal duty to the deceased to act with reasonable care while operating a vehicle.
  • The defendant breached this duty through negligent actions, like speeding, driving under the influence, or distracted driving.
  • This breach directly resulted in the accident and subsequent death.
  • The death led to quantifiable losses for the surviving family members.

Florida follows a comparative fault system. This means that if the deceased is found to have been partially responsible for the accident, your compensation may be reduced proportionally. However, this rule does not bar recovery. Even if the deceased was partially at fault, your family may still be entitled to damages.

What is the value of my Miami fatal accident claim?

At Hickey Law Firm, we understand that no amount of money can bring back your loved one. However, obtaining fair compensation can help lessen financial burdens and achieve a sense of justice. Potential damages in a wrongful death claim can include:

  • Medical expenses, which are the costs incurred for medical care prior to the deceased’s passing
  • Funeral and burial costs
  • Loss of income
  • Loss of companionship
  • Pain and suffering experienced by the surviving family members

Calculating these damages requires a thorough understanding of both the immediate and long-term impacts of your loss. We can help with this process.

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How can your Miami fatal accident lawyers help me with my case?

The Miami fatal accident attorneys at Hickey Law Firm know how to handle complex wrongful death claims arising from fatal car accidents. We approach each case with compassion, diligence, and unwavering advocacy for our clients.

First, we conduct a thorough investigation to gather important evidence, including accident reports, witness statements, surveillance footage, and expert analyses. This meticulous approach helps build a strong foundation for your claim.

Insurance companies often aim to minimize payouts. Our experienced attorneys handle all communications and negotiations with the insurance company, working to secure a settlement that reflects the magnitude of your loss.

If a fair settlement cannot be reached, we are always prepared to represent you in court. Our legal team has extensive trial experience and a track record of success in wrongful death cases.

We also recognize that every family’s situation is unique. Hickey Law Firm provides personalized legal strategies tailored to meet your specific needs and objectives.

The aftermath of a fatal car accident can be fraught with emotional and legal complications. You need a supportive legal team that not only understands the intricacies of wrongful death law, but also understands the profound personal impact of your loss. While our primary role is legal advocacy, we also prioritize your emotional well-being. We provide clear and compassionate communication, keep you informed throughout the process, and offer resources for counseling and support groups.

We guide you through each step of the legal process, making sure you understand all of your rights and options. We never leave our clients in the dark – we walk beside you every step of the way, from your first consultation to the final outcome of your case.

What should I do after a loved one is killed in a Miami car accident?

If you have lost a loved one in a Miami car crash, you may be unsure about what to do next. While nothing can really make this loss easier, there are a few important steps you can take to protect your rights.

  • Contact a personal injury law firm with experience in fatal accident cases – like Hickey Law Firm. We can begin to immediately investigate your case, preserve evidence, and protect your legal rights.
  • Remember, insurance companies are not on your side. They may offer a quick, lowball settlement in hopes of closing the case for as little money as possible. Do not sign anything or agree to any settlements without legal counsel.
  • Keep records of all expenses related to the death, like funeral bills, medical costs, lost income, and more. These documents will be important for calculating compensation.

We handle the legal complexities so you can focus on what is most important – your family. You don’t have to go through this alone.

Why choose Hickey Law Firm for my Miami fatal accident claim?

At Hickey Law Firm, we are not just lawyers. We are advocates who fight for justice when families need it most. We have built our reputation on compassion, integrity, and results. Here is why families and clients across Florida trust our legal team:

  • Our attorneys have been handling serious and fatal car accident cases for decades. We understand Florida law, and we know how to build strong cases.
  • We have recovered millions of dollars in compensation for victims and their families.
  • Hickey Law Firm is often featured in national news for our advocacy in high-profile personal injury and wrongful death cases.
  • When other lawyers back down, we stand up. We are never afraid of going to trial if that is what it takes to recover fair compensation for your family.
  • We work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case.

Do you have a Miami car accident lawyer near me?

Hickey Law Firm meets with car accident victims at our Miami office located in the heart of the city at 12150 SW 128th Ct, Suite 225. We meet with clients who are ill or immobile at their homes or other convenient locations when necessary.

Talk to our Miami fatal accident lawyers today for skilled legal help

We know that every fatal accident represents a real person, a real family, and a real story. At Hickey Law Firm, we treat our clients like family. We listen. We care. And we fight for the justice your loved one deserves. If your loved one was killed in a car accident in Miami or anywhere in Florida, please reach out to Hickey Law Firm today. We offer free, no-obligation consultations to help you understand your rights and how we can help. To schedule your free consultation, call us or complete our contact form.

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