On Monday, around 3:45 p.m., a fatal crash shut down the I-95 in Ormond Beach near mile marker 272, just south of US 1. A 20-year-old Palm Coast woman lost control of her Ford Fiesta and veered off the roadway to the left, then overcorrected to the right. This caused her to collide with a Toyota Corolla while rotating. The driver of the Corolla was a 33-year-old Kissimmee woman. The Fiesta continued rotating and moved into the path of a Ford Ranger driven by a 59-year-old Palm Coast man. The Corolla then rotated into the center medium and collided with a guardrail
The driver of the Fiesta was pronounced dead at the scene, and her 2-year-old rear passenger was taken to a local hospital where she was pronounced dead. A third passenger was taken to the hospital with serious injuries. The other vehicle drivers were taken to the hospital with what are believed to be minor injuries.
The crash remains under investigation.
Navigating Insurance Matters After Losing a Loved One in an Auto Accident in Florida
When there is a multicar pile-up, insurance matters do become complicated. This is despite Florida being a no-fault state and there being a clear at-fault driver.
(Being at-fault doesn’t necessarily mean a driver was purposefully negligent or harmful, but rather that their actions and vehicle ran afoul of others. At-fault drivers are victims themselves especially in circumstances where they were seriously injured or passed away.)
Following the loss of a loved one, particularly in the aftermath of an unexpected car accident, the surviving families are faced with a multitude of challenges. They must navigate through their grief, arrange funeral services, and contend with their loved one’s medical expenses. The idea of pursuing legal action is often the furthest thing from the suviving families mind; however, a wrongful death claim can alleviate a family’s financial strain and mitigate many of the inevitable stresses that accompany such a devastating loss.
At some point, a surviving family member is going to put a claim into the insurance company expecting a positive outcome due to their obvious losses; unfortunately, insurance companies have been known to take advantage of this difficult time by offering unfair settlements to grieving family members. They know that the families need money quickly, as well as they may be unfamiliar with the process or typical payouts. Insurance adjustors rely on this naivety to avoid paying grieving families fair settlements. The following outlines everything bereaved individuals need to know about making an insurance claim for their deceased loved ones.
The Two Types of Claims: Wrongful Death and Survival Action
The surviving family members of a person fatally injured in an accident may pursue a claim for damages under Florida law. Circumstances will dictate whether this claim is a wrongful death claim or a survival action. In the news article above, the bereaved family of the driver is likely to make a wrongful death claim; her passenger’s families will do the same. All claims will be filed with the insurance company that covered her vehicle at the time of loss. Injured parties outside her vehicle will make claims with their own insurance companies because Florida is a no-fault state; however, if one of them were to pass away after making their claims but before receiving a settlement, surviving family members may then file survival action claims to recover the compensation their deceased family member would have received.
What is a Wrongful Death Claim?
This type of claim arises when someone is killed due to another party’s negligence or recklessness. Only certain family members, such as a spouse, child, or parents/guardians can file this claim. Negligence doesn’t always mean the driver was acting out (distracted driving, driving while under the influence, etc.). Sometimes it could be something as innocent of losing control steering. If the driver is deemed at-fault, bereaved families can make a wrongful death claim.
It’s important that at-fault drivers or their surviving families understand that this is what the insurance benefits are for. It’s not an insult to the driver, but rather the language chosen by lawmakers to describe something insurance companies are required to do, which is to pay for the losses sustained by all injured parties. It’s important to keep the perspective that the at-fault driver was paying for this insurance every month to ensure it was in place to cover these devastating events.
Compensation from a wrongful death claim may include funeral expenses, financial contribution loss, parental support loss, household assistance loss, consortium loss, and emotional trauma.
What is a Survival Action?
A survival action is an extension of an existing legal claim filed by an injured party who later dies from unrelated causes. It seeks compensation for the pain and suffering the injured party endured before their death. This may include loss of income, medical bills, and pain and suffering between the accident and the time of death.
If you have tragically lost a family member in a Florida car accident, call the dedicated personal injury attorneys at Anthony-Smith Law for immediate assistance. With extensive experience handling all types of personal injury matters, we have a successful record bringing wrongful death lawsuits on behalf of our clients. We provide clients with comprehensive advice and clear explanations to help them make the decision that is right for them. To discuss your legal matter, and to set up a free consultation, call our office at 321-900-HELP (321-900-4357) today.
Alisia Hanson is the marketing coordinator for Anthony-Smith Law. She has been writing professionally since 2012 and is a professional website designer, coder, SEO marketer, grassroots marketer, and communications specialist. Alisia builds marketing plans that are strong and effective. In her free time, she loves to read, write short stories and novels, and watch movies and TV shows.