ALTAMONTE SPRINGS, Fla. – A 57-year-old man tragically died after being hit and dragged by a car allegedly driven by a 17-year-old in Altamonte Springs, Florida. The 17-year-old Maitland teen hit and dragged the man on Jordan Stuart Circle near Hunter Lake Way at an apartment complex in Seminole County. The man was making his rounds as a valet for trash pickup when he was struck and pinned underneath the car. Authorities say the teen struck the man just before 9:30 p.m. the night of Tuesday May 14th. Trooper Migdalisis Garcia told reporters that the teen did not know he was dragging the man’s body until he parked his car.
No other details have been released, and Florida Highway Patrol is still investigating.
What to Do When a Loved One is Killed by a Negligent Driver: A Guide to Pursuing a Personal Injury Lawsuit
Losing a loved one to a pedestrian accident caused by a negligent driver is a devastating experience that no family should ever have to endure. In the blink of an eye, lives are shattered, leaving behind a void that can never be filled. However, amid such tragedy, it’s crucial to understand that there are legal options available to seek justice and hold the responsible party accountable for their actions.
This article aims to provide guidance to families who find themselves in this unimaginable situation. By understanding the legal process and the steps involved in pursuing a personal injury lawsuit, families can navigate this challenging time with the support and guidance they need to seek the justice their loved one deserves.
Immediate Steps to Take After a Pedestrian Accident with a Negligent Driver
Taking these immediate steps can help ensure that the necessary evidence is gathered and that the legal process can proceed smoothly. It’s also important to avoid discussing the accident with the negligent driver or their insurance company without legal representation, as anything said could potentially be used against you in future legal proceedings. Always seek legal representation to ensure you’re protected. The attorneys at Anthony-Smith Law are standing by ready to HELP when you need it. 321-900-HELP (321-900-4357).
- Contact Law Enforcement: The first step after a pedestrian accident involving a fatality is to contact law enforcement immediately. This ensures that the accident scene is secured and that a thorough investigation can take place. Police will gather important details, such as statements from witnesses and drivers involved, and create an official report documenting the incident. This report will be crucial in any legal proceedings that follow.
- Seek Medical Attention: It’s important to seek medical attention for any injuries sustained in the accident. This includes physical injuries as well as emotional trauma. Even if injuries are not immediately apparent, it’s wise to seek a medical evaluation, as some injuries may not manifest symptoms right away.
- Preserve Evidence: Preserving evidence from the accident scene is crucial for any potential legal action. This includes taking photos of the accident scene, any visible injuries, and any property damage. It’s also important to collect contact information from witnesses who saw the accident occur. This information can be invaluable in building a case for a personal injury lawsuit.
Understanding Your Legal Rights and Options when Your Loved One has been Injured or Killed in a Pedestrian Accident
Understanding your legal rights and options is crucial in navigating the complexities of a wrongful death claim. Consulting with a knowledgeable personal injury attorney can help you understand your rights and determine the best course of action for seeking justice for your loved one.
- Wrongful Death Laws: Each state has specific laws regarding wrongful death claims, including statutes of limitations that dictate how long you have to file a claim after the death of a loved one. It’s important to understand these laws and how they apply to your case. In Florida, for example, the statute of limitations for filing a wrongful death claim is generally two years from the date of death.
- Who Can File a Claim: Typically, the personal representative of the deceased person’s estate files a wrongful death claim on behalf of the surviving family members. Family members who may be eligible to receive compensation in a wrongful death claim can include the deceased person’s spouse, children, parents, or other dependents.
- Criminal vs. Civil Proceedings: It’s important to note that criminal charges against the driver, if any, are separate from a civil lawsuit for personal injury. Even if the driver is charged criminally for causing the accident, you can still pursue a civil lawsuit for damages. The outcome of the criminal case may impact the civil case, but they are two distinct legal processes.
The Importance of Retaining a Personal Injury Attorney
Retaining a personal injury attorney with experience in pedestrian accident cases and wrongful death claims is essential to ensuring that your rights are protected and that you receive the compensation you deserve for your loss.
- Importance of Experience: When seeking legal representation for a pedestrian accident wrongful death claim, it’s crucial to find an attorney who has experience handling similar cases. An attorney with expertise in pedestrian accident cases and wrongful death claims will understand the complexities of these types of cases and will be better equipped to navigate the legal process on your behalf.
- Initial Consultation Process: Most personal injury attorneys offer a free initial consultation to discuss your case. During this consultation, you can discuss the details of the accident, your legal rights, and the potential for a wrongful death claim. This initial meeting is an opportunity to ask questions and learn more about the attorney’s experience and approach to handling your case.
- Understanding Attorney’s Fees: In personal injury cases, including wrongful death claims, attorneys typically work on a contingency fee basis. This means that the attorney’s fees are contingent on the outcome of the case. If the attorney is successful in obtaining a settlement or verdict on your behalf, they will receive a percentage of the award as their fee. If they are not successful, you do not owe them any fees.
The Importance of Investigation and Case Preparedness
Building a strong case requires thorough investigation and careful preparation. Your attorney will work diligently to gather evidence and establish the driver’s negligence, ensuring that you have the best possible chance of success in your wrongful death claim.
- Gathering Evidence: A crucial aspect of building a successful wrongful death case is the collection of evidence. Your attorney will play a vital role in this process by obtaining essential documents, such as the police report filed at the scene of the accident. They will also gather witness statements from individuals who saw the accident occur and collect medical records detailing the extent of the pedestrian’s injuries.
- Establishing Negligence: To prove the driver’s liability for the pedestrian’s death, your attorney will work to establish negligence. This involves demonstrating that the driver breached their duty of care to the pedestrian, causing the accident and resulting in the pedestrian’s death. Evidence gathered during the investigation, such as witness statements and the police report, will be crucial in building a strong case for negligence.
Filing a Lawsuit and Serving the Defendant
After the investigation and preparation stages, the next step in pursuing a wrongful death claim is filing a lawsuit. Your attorney will draft a legal document known as a complaint, which outlines the details of the accident, the defendant’s negligence, and the damages suffered by the surviving family members. The complaint is then filed with the court and served to the defendant, officially initiating the legal proceedings.
Negotiation, Settlement, and Compensation for Damages
Following the filing of the lawsuit, there is an opportunity to negotiate a settlement with the insurance company representing the negligent driver. In many cases, both parties prefer to settle out of court to avoid the time and expense of a trial. Your attorney will play a crucial role in negotiating a fair settlement that adequately compensates your family for the damages suffered.
The settlement amount will typically cover a variety of damages, including medical expenses related to the accident, funeral and burial costs, lost income and future earnings, and compensation for the emotional pain and suffering endured by the surviving family members. Your attorney will work diligently to ensure that any settlement reached reflects the full extent of your family’s losses and provides a sense of justice for your loved one’s death.
Trial Process: Presenting Evidence and Potential Verdicts
Most wrongful death cases do not end up in trial. Typically they are settled out of court; however, if it does go to court, your attorney will advocate for you. Going to trial is a complex and challenging process, but your attorney will be there every step of the way to advocate for your family and seek justice for your loved one’s death.
- Preparation for Trial: If a settlement cannot be reached through negotiation, the case will proceed to trial. During this phase, your attorney will prepare for trial by gathering additional evidence, selecting a jury, and developing a strategy for presenting your case in court. This may involve consulting with expert witnesses, such as accident reconstruction specialists or medical professionals, to testify on your behalf.
- Presenting Evidence: At trial, both sides will have the opportunity to present evidence and arguments to support their case. Your attorney will present evidence gathered during the investigation, such as witness statements and medical records, to demonstrate the driver’s negligence and liability for the pedestrian’s death. They will also cross-examine witnesses presented by the defense and make legal arguments to the judge or jury.
- Possible Outcomes: The outcome of a trial can vary, but there are generally two possible outcomes. If the jury finds in favor of the plaintiff (the surviving family members), a verdict will be issued holding the defendant (the negligent driver) responsible for the pedestrian’s death. The jury may also award damages to compensate the family for their losses. If the jury finds in favor of the defendant, no damages will be awarded, and the case will be dismissed.
The process of pursuing a personal injury lawsuit after losing a loved one in a pedestrian accident is undoubtedly challenging. However, seeking legal guidance and support can make a significant difference in the outcome of your case. A knowledgeable attorney can help you navigate the complexities of the legal system, advocate for your rights, and ensure that you receive the compensation you deserve.
It’s essential for families in this situation to seek justice and hold negligent drivers accountable for their actions. By pursuing a personal injury lawsuit, you not only seek compensation for your losses but also send a message that reckless driving behavior will not be tolerated. Your actions may help prevent similar accidents from happening in the future.
Remember, you do not have to go through this process alone. The attorneys at Anthony-Smith Law can provide the guidance and support you need during this difficult time. Call for HELP 321-900-HELP (321-900-4357). We help when you need it most!
