Melbourne Truck Accident Lawyer: Expert Guidance For Your Case – Truck drivers often drive carefully, but accidents still happen. Unfortunately, due to the size of these vehicles, they are more likely to cause damage to life and property than other types of traffic accidents. Then you will experience the grief of losing a loved one and the cost of that death.
If a loved one has died in a recent car accident in Melbourne, you may be able to receive compensation through a settlement. Let’s take a look at some of the laws and regulations relevant to your case and see how a Melbourne truck accident lawyer can help you in your situation. Our truck accident attorneys can handle your case from start to finish.
Melbourne Truck Accident Lawyer: Expert Guidance For Your Case
Florida Section 768.20 states that only a loved one’s personal representative can file a lawsuit on behalf of the deceased’s family and estate. You must list all beneficiaries eligible to receive your Melbourne fatal accident settlement.
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In probate law, a personal representative is an individual or legal entity appointed by the deceased to carry out the terms of the will, use the estate to pay taxes and unpaid debts, and distribute any remaining assets to beneficiaries.
A Melbourne truck accident lawyer can help a personal representative take the necessary steps to file a claim against the responsible truck driver. This includes collecting accident evidence and stocking up on damage from the death of a loved one.
For a typical car accident in Melbourne, you may only be able to recover damages through personal insurance or PIP. However, Florida tort law allows a tort action to be brought against the at-fault party if the tort standards are met. One of the criteria is whether death has occurred.
Liability insurance claims and wrongful death claims are the two main actions you can take to recover damages from a Melbourne accident. A Melbourne truck accident lawyer can help you assess whether a claim or lawsuit is more appropriate.
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Due to Florida Statute 627.7415 and the Federal Motor Carrier Safety Administration’s insurance requirements, motor carriers passing through Melbourne must carry liability insurance, as they do throughout Florida. If a truck is involved in an accident, management will pay damages to the victims. This also applies to damages related to death.
A truck driver’s employer’s liability insurance only covers the driver if a serious accident occurs while on the job. For example, if a driver is involved in an accident at work, he or she must file a claim with his or her personal auto insurance company. However, state auto insurance laws only require liability insurance and PIP insurance.
In addition to helping you submit your claim to your liability insurance company, a Melbourne truck accident lawyer can negotiate on your behalf if you decide you are not satisfied with the settlement.
If you are unable to recover through a liability claim, litigation is usually the next option. A Melbourne, FL truck accident lawyer may recommend that you file a lawsuit due to the following circumstances:
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Unlike tort claims, compensation for a fatal accident claim does not depend on your Melbourne truck driver’s coverage. This means that if the court awards you more than the policy limits, it may have other ways to pay you.
Litigation can take a long time to complete due to filing and court proceedings. However, a fatal truck accident lawyer in Melbourne can represent you in court until you are sentenced.
There is a statute of limitations on your Melbourne fatal truck accident case or the deadline for filing a claim is another wrongful death case. This means you typically have up to two years to file before your case is automatically dismissed.
A wrongful death attorney can check the backlog to ensure your case is progressing on schedule, which can help you get the job done faster.
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Please explain what happened. We will investigate your case free of charge and work to secure you the highest legal compensation possible.
“Our family is very pleased with the technological advancements of Andrew Pickett Law Firm. They provided friendly advice and secured the largest possible settlement, even during a prolonged recovery due to COVID-19.”
A fatal truck accident lawyer in Melbourne can help you calculate all damages for a fatal truck accident. In wrongful death cases like this, damages can be divided into two categories: damages paid to the family and damages paid to the estate.
Florida’s comparative negligence provisions may also reduce the damages you can recover if a court or claims adjuster determines that your loved one was partially at fault for a fatal truck accident in Melbourne.
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For example, let’s say a truck driver in Melbourne did not properly secure his cargo, causing it to fall off his truck. Meanwhile, evidence showed that their loved one was speeding, and things got worse when he ended up in an abandoned truck. So the truck driver is 70% responsible, and your loved one is 30% responsible. This also means that the carrier must only pay 70% of the total accident damages.
Because of these rules, it is important to have a fatal truck accident lawyer in Melbourne review the entire accident to determine whether you have a valid case against the motor carrier.
The Law Offices of Andrew Pickett are ready to assist those in Melbourne or elsewhere in Florida who need legal assistance after experiencing the wrongful death of a loved one. Our firm has been serving personal injury clients since 2009, and our team is comprised of professionals with decades of experience in personal injury law. A Melbourne truck accident lawyer can review your case and advise you accordingly.
Call us today to start your free consultation. You can also submit fatal accident information through our website and we will contact you shortly.
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Our specialty is dealing with unclear insurance company policies that are designed to confuse you and prevent you from receiving compensation.
I had the best experience working at Pickett Law. They all know the law very well. We have personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, and they know how to get us the most money we can from auto accidents. I don’t know what we would do without their help. If you are looking for an attorney, I recommend this office.
Owner Response: Linda, thank you for the great review! And thank you for trusting our law firm. If you or your friends or family need help in the future, please let us know.
I had a great experience with the Law Offices of Andrew Pickett. From start to finish the team was incredibly responsive and attentive to my needs. Jessica was very patient in answering all of my questions and helped me understand every step of the process. I would also like to thank Vonda for taking the time to walk me through everything at the start of my case and providing me with clarity and peace of mind. In the end, I was more than satisfied with the success of the agreement. I highly recommend the Law Offices of Andrew Pickett to anyone seeking better legal representation.
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Owner Response: Thank you so much for the great review, Shaun! It’s an honor to represent you. Thank you for the trust you have shown in us. If you or your friends or family need help in the future, please let us know.
I had the privilege of working with Attorney Jessica Hicks along with Andrew Pickett on a personal injury case and their excellent representation made all the difference. From the beginning, they were attentive, compassionate and deeply involved in every detail of my case. Attorney Jessica Hicks, in particular, built a great personal relationship with me, understanding the pain and difficulties I faced following my accident. Their communication was excellent, keeping us informed every step of the way – phone calls, office visits, messages and office apps. Thanks to the dedication and persistence of attorney Jessica Hicks, we were fortunate to be able to secure the full settlement amount without a court hearing. I cannot recommend Attorneys Jessica Hicks and Andrew Pickett highly enough. Their knowledge, support and dedication are top notch. Jessica, in particular, was a dedicated and unwavering advocate who made sure I felt fully supported and heard throughout the entire process. If you are looking for an attorney who will truly fight for you, choose Jessica Hicks and Andrew Pickett Law.
Owner Response: Belinda, thank you for the great review and thoughts! We are pleased to represent you and we are glad that you are satisfied with our efforts.
ANDREW PICKETT LAW represented me in my case and they were professional throughout. I am very grateful for what they can do for me. Shout out to my attorney Jessica Hicks. 👏
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Owner Response: Thank you, Jennifer! Excellent score. We are so glad we were able to resolve your case!
Andrei
