Miami Wrongful Death Lawyers Dell & Schaefer Settle Case for $100,000 In Spite of Client’s Comparative Negligence
When you are involved in a car accident, you may share some of the fault for the accident. After all, in the case of many accidents, it is not one-hundred percent clear who caused the crash.
Nevertheless, if you are involved in a car accident and you are uncertain who was at fault, don’t necessarily feel that you can’t pursue a personal injury case. Even if you share some of the fault for the accident, you may still be able to pursue compensation for your injuries.
Miami Car Accident Kills Man
Our client was a fifty-year-old man. Immediately before his accident, he was the victim of an attempted robbery on the side of the road in Miami. After the robbers tried to coerce our client into giving them money, our client escaped and began to run across the road to avoid the robbery. Tragically, as our client crossed the road, he was struck by a vehicle being driven by the Defendant.
After hitting our client, the Defendant unfortunately didn’t stop her vehicle. In a panic, she continued driving and eventually drove into a tree on the side of the road. Following the accident, the police came to the scene and determined that our client had died.
After the accident, a medical exam was performed on our client’s body. It was determined that our client was under the influence of alcohol at the time of the accident.
Miami Wrongful Death Law Firm Dell & Schaefer Settles Case for $100,000
Following the accident, our client’s family initially thought that they wouldn’t be able to pursue a case on his behalf. After all, our client appeared to be under the influence of alcohol at the time of his accident and was in the process of running across the road at the time he was hit.
Nevertheless, fortunately our client’s family members called the Miami Wrongful Death Lawyers at Dell & Schaefer. We took the case. After much litigation, we successfully argued that our client had not been the “proximate cause” of the accident. That is, he hadn’t been the reason the accident occurred. The actual cause of the accident was the driver of the vehicle that had struck our client. After all, even though it wasn’t necessarily the driver’s fault that she hit our client as he was running across the roadway, it was her fault that she didn’t immediately stop her vehicle after the accident. Instead, the Defendant kept driving and eventually hit a tree on the side of the road. We discovered evidence in the case that it wasn’t the initial impact that killed our client, but rather the impact with the tree that occurred after the driver had a chance to stop the vehicle and didn’t.
Furthermore, we were able to successfully demonstrate that our client didn’t do anything wrong before and during the accident. Although his running across the street allowed the accident to happen, our client was only running across the street to avoid the robbery. This was something any reasonably prudent person might do. Also, although our client appeared to be drinking before the accident, there was no evidence that this played any role whatsoever in the accident.
We also argued that our client was a family man and had a very large family. His death left his family in turmoil, emotionally and financially.
These arguments allowed us to settle our client’s case for the policy limits of $100,000 – the most that our client’s family could ever receive from the case. Our client’s family was happy with the result. Whereas the family initially thought that they might not even be able to pursue a case, they now had a $100,000 settlement. Although the $100,000 didn’t come close to replacing our client for his family, it did go to at least make the family feel a little more financially secure in the future.
If you are involved in an accident which you believe you may have contributed to, don’t automatically assume that you won’t be able to pursue a case. Contact the Miami Wrongful Death Attorneys at Dell & Schaefer. We will get you the compensation you deserve.