Statistics show that about 2,200 fatal auto accidents occur in Florida each year. Among these fatalities, an estimate of 660 accidents were caused by drunk drivers. Under Florida accident laws, a DUI that causes a fatality equates to a charge of vehicular homicide or manslaughter. Since the circumstance was avoidable, the families of these victims have the legal right to file a Wrongful Death Lawsuit Davie FL.
Secure an Autopsy for the Victim
Under Florida law, an autopsy is performed for all accident victims. The autopsy and forensic assessment identify the exact cause of death for the victim. To win the case, the attorney must prove that the fatality was the direct result of the victim’s injuries. Natural causes that weren’t related to the accident injuries discredit the claim.
Determine if Criminal Charges Were Filed
An accident caused by a DUI leads to criminal charges. The attorney needs information about the exact charges filed. The findings of the criminal case have a direct impact on the civil case. A dismissal of the criminal charges may eliminate the fault of the driver altogether. If this occurs, the attorney must use an alternative action to prove the accountability of the driver.
Gather All Medical and Funeral Expense Records
The attorney needs a copy of all medical and funeral expenses for the victim. These costs help the court calculate the monetary award. In addition to these expenses, the loss of financial support is added to this possible award. This support is calculated according to the projected lifetime wages of the victim.
File the Civil Lawsuit
The attorney files the civil lawsuit after following these steps. They present this evidence to the court on behalf of the victim’s family. A jury and the judge render the final judgment for the lawsuit.
In Florida, families retain the right to file a wrongful death lawsuit when avoidable circumstances apply. These circumstances are based on a choice made by the defendant. In DUI-related auto accidents, this circumstance is the choice to drive while under the influence. Families who need to file a Wrongful Death Lawsuit Davie FL should contact the Law Offices of McCullough & Leboff P.A. today.