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Wrongful Death Caused by Car Accidents in Miami

In 2017, Florida experienced 2,924 fatal traffic accidents, according to the Florida Department of Highway Safety and Motor Vehicles. These crashes led to 3,116 fatalities. Of these fatal crashes, 350 were confirmed to involve alcohol and 310 involved drugs. Alcohol led to 374 individual’s deaths and drugs were confirmed in 338 fatalities. There were also 552 motorcycle operator and passenger fatalities, 128 bicyclist fatalities, 659 pedestrian fatalities, and 12 other non-motorist deaths.

Overall, there are thousands of traffic-accident-related deaths throughout Florida, and many of these fatalities are because of another person’s careless, reckless, or intentional misconduct behind the wheel. When you lose a loved one in a crash that was caused by someone else, the best thing to do is speak with a Miami wrongful death lawyer at Gerson & Schwartz P.A. For over 50 years and counting, our bilingual attorneys are highly experienced in addressing fatal car accidents resulting in wrongful death. We will pursue compensation for the surviving family members and estate through a wrongful death lawsuit and insurance settlement. Consultations are free. So don’t wait and call us at 305-471-6000, toll free at (877) 475-2905. Or send us an email at

Common Causes of Fatal Car Accidents in Miami Dade County and South Florida

We have handled many fatal car crash claims over the years. We have represented the estates and families of those killed in rare and unique accidents, as well as estates and families of individuals killed in all-too-common crashes. Gerson & Schwartz wrongful death lawyers in Miami have litigated some of the most common causes of deadly car accidents which include:

  • Wrongful Death Car Crashes Due to Drunk driving: Drivers who are under the influence of alcohol, illegal or prescription drugs, or a combination of substances are much more likely to cause a crash and another person’s death. In some cases, drunk or drugged drivers lead to the deaths of their own passengers. If your loved one was killed by a drugged or drunk driver, call us immediately.
  • Wrongful Death Car Crashes Due to Excessive speeding: Driving fast can be thrilling. However, the faster a vehicle is moving, the more likely they are to be involved in an accident. When a driver speeds, it makes it harder for them to notice a potential hazard or collision and to stop in time to avoid a crash. They also are more likely to over-correct the vehicle, which can cause them to go into on-coming traffic, drive off the road, or flip the vehicle.
  • Wrongful Death Car Accidents due Texting or Distracted Driving Car Accidents: When someone is behind the wheel, they need to be paying attention and have their hands on the wheel. Unfortunately, too many drivers try to multi-task and become distracted. They may text while driving, try to eat or drink coffee, try to read the newspaper, or try to wrangle arguing children in the backseat. Whatever the case, distracted driving can be deadly.
  • Drowsy Driving Car Accidents Resulting in Wrongful Death: Most drivers do not think anything of getting behind the wheel while tired. However. Studies have shown that driving while fatigue can lead to some of the same risks as driving while intoxicated. Drowsy drivers are likely to fall asleep, drift into other lanes, fail to notice approaching dangers, and fail to notice other cars and motorcycles. Their reaction times are also much slower, which means they may not be able to avoid an accident when the time comes.
  • Reckless & Aggressive Driving: There is no way around it, a vehicle can be a deadly weapon. The combination of the weight of a vehicle and the potential speed at which it can move means a collision with another vehicle, motorcycle, bicycle, or pedestrian can easily be fatal. When a driver is knowingly speeding, failing to abide by traffic signs and signals, failing to yield to the right of way, weaving in and out of traffic, and using other reckless and aggressive maneuvers, they are much more likely to cause a fatal crash.
Filing a Florida Wrongful Death Claim After a Car Crash in South Florida

If you lost a parent, spouse, child, or another relative you depended on in a car crash, you should speak with our Miami wrongful death attorneys as soon as possible. When a person is killed due to another person’s negligence, recklessness, willful misconduct, or failure to act, and that person would have had the right to file a personal injury claim had they not been killed, then a wrongful death claim arises.

Under Florida’s Wrongful Death Act, the close family members of the deceased and the deceased’s estate may be entitled to compensation for certain losses and injuries. A lawsuit for these damages must be brought within 2 years of the deceased person’s death, and it must be filed by the personal representative of the deceased person’s estate. The personal representative files the claim on behalf of all of the survivors who may be entitled to compensation.

Proving the Other Driver Was Negligent

One of the reasons it is so important to work with an experienced wrongful death attorney in Miami is because you need a legal professional to investigate the crash, gather evidence, and prepare a strategy to prove the other driver was at fault for your loved one’s death.

At Gerson & Schwartz, P.A., our team will immediately seek to obtain as much evidence as possible after a fatal car crash, including:

  • Any relevant police reports;
  • Photos and videos of the aftermath of the crash, including those taken by witnesses, nearby traffic and surveillance cameras, and any available dashcam footage;
  • Eye witness accounts of the collision;
  • A reconstruction of the crash by an expert; and
  • Physical evidence from the crash, such as the vehicle itself.

Our team will obtain evidence of your loved one’s injuries and death, including medical records, autopsy records, and a medical expert’s opinions. Additionally, we will work closely with your family to document your current financial losses, your future economic losses, and your grief.

All of this evidence we be utilized to prove the other driver’s fault and your damages, which will enable us to pursue the maximum amount of compensation possible during the wrongful death case.

To learn more about wrongful death lawsuits after deadly car crashes, contact Gerson & Schwartz P.A. at (305) 371-6000.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User