John H. (Jack) Hickey has obtained millions of dollars for families who have suffered because of an injury or death caused by car or truck accidents. His peers in the law have recognized him as a “Legal Elite,” placing him in the top 2 percent of all attorneys. News leaders like Anderson Cooper seek out Hickey’s input and perspective on complex legal cases such as cruise ship accidents and catastrophic injuries.
If you were seriously hurt or lost a loved one in a car accident in the the Miami, Florida, area, call us today for a free consultation: 305-371-8000. The advice you need. The representation you want. The compensation you deserve.
After the Accident
Almost 31,000 people died as a result of fatal motor vehicle accidents in 2010. Our roads are dangerous, and innocent people suffer because of others’ mistakes.
It may seem too painful or difficult to engage in legal action after losing a loved one suddenly, but obtaining compensation will help lessen the financial burden of an unexpected death. Our experienced legal team will be your advocates during such trying times. If you choose to make a wrongful death claim on behalf of your loved one, we will work with you from beginning to end.
The Compensation You Deserve
In any catastrophic car accident or truck accident, the injured parties who may be entitled to recover for:
- Medical expenses in the past (from the date of the accident through the date of settlement or trial)
- Medical expenses in the future (from the date of trial through your life expectancy)
- Lost income and wages including missed promotions, raises, and benefits in the past
- Loss of income earning capacity in the future through the end of your work life expectancy
- Pain in the past
- Pain in the future (which would be for the rest of your life assuming that the injury and the pain is “permanent.”
- Suffering in the past
- Suffering in the future
- Mental anguish in the past
- Mental anguish in the future
- Mental anguish includes the thought of your uncertain future, how you will cope in the future due to your disabilities, pain and suffering, and whether you will have to undergo further surgeries.
- Disability in the past
- Disability in the future
- Physical impairment in the past
- Physical impairment in the future
- Inability to enjoy life in the past
- Inability to enjoy life in the future
The estate can recover in a wrongful death case arising out of a catastrophic car accident or truck accident.
Damages in a Wrongful Death Suit
Wrongful death damages are governed by Florida Statute §768.16. Under the statute, the personal representative for the estate of the person who died, that is the decedent, can recover the following:
- A “survivor” is defined as someone who is the decedent’s spouse, children, parents, and when partly or wholly dependent on the decedent for support or services, any blood relatives who are adoptive brothers and sisters. It includes the child born out of wedlock of a mother but not a child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. (Fla. Sta. §768.18(1)).
- Minor children under the statute, means children under 25 years of age, notwithstanding the age of majority. (Fla. Sta. §768.18(2)).
- “Support” includes contributions in kind as well as money. (Fla. Sta. §768.18(3)).
- “Services” means “tasks, usually of the household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.” (Fla. Sta. §768.18(4)).
- The “net accumulations” “means that part of the decedents expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Normal business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.” (Fla. Sta. §768.18(5)).
The damages the estate may recover are on behalf of and for the survivors, surviving spouse, minor children, parents and the estate itself. Under Florida Statute §768.21:
- “Survivors” “may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probably net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered. (Fla. Sta. §768.21(1).)
Responsible Parties in a Car or Truck Accident
Parties who can be liable and responsible for the damages caused by the negligence of a driver of a car or truck include the following:
- The driver of the car or truck who caused the accident.
- Title owner of the car or truck that caused the accident. (Under Florida law, under what is caused the dangerous instrumentality doctrine, the owner is responsible as well as the driver.)
- Company or repair facility that repaired the vehicle that caused the accident or serviced the tires if those caused the accident.
- Company that manufactured the tires, if a manufacturing defect caused the accident.
- Company that manufactured a part to the automobile or truck that caused the accident if in fact that manufacturing defect caused the accident. That includes of course the manufacturer of the car or truck itself.
- Designer of the roadway, especially if the roadway is owned privately and if that design caused the accident.
- Contractor responsible for construction that causes an accident.
Why Do I Need an Attorney?
Insurance companies have lawyers and professional claims adjusters. They know the law and look out only for the insurance company, not for you (despite what they may tell you). They want to avoid responsibility for the injuries and damages. With every passing month, it is easier for the insurance company to craft an argument to get out of giving families the financial assistance they need. Our attorneys will help you make the strongest case possible.
Whether your loved one was killed in a car accident, truck accident or a pedestrian accident, trial attorney John H. (Jack) Hickey will make your case his priority and assist you the whole way. Our firm will gather the necessary information and investigate who is at fault.
Why Choose Hickey Law Firm, P.A.
In the aftermath of a terrible loss, our Miami injury attorneys will help you understand your legal rights and options, represent your interests and get you the compensation you need. Our attorneys have a proven history of gaining damages for clients who have been hurt or killed because of another’s negligent actions.
Contact our Miami injury lawyers online or by calling 305-371-8000 today for more information and a free consultation to discuss how we can help you.