Imagine your 78-year-old mother was struck by a distracted driver while crossing the street near her Sun City Center apartment. The emergency room doctor explained she had a broken hip, a common but serious injury in someone her age. Three weeks later, complications from the injury led to her death.
At DeLoach, Hofstra & Cavonis, our Seminole car accident lawyers understand the devastating impact when what seems like a manageable injury turns fatal. We help Florida families pursue justice when a loved one's death stems from someone else's careless driving.
How Broken Hip Injuries Become Life-Threatening
Many people believe broken hips aren’t as serious as head injuries or internal bleeding, but for someone in their 70s or 80s, that hip fracture can set off a chain reaction of medical problems. Your loved one might survive the initial break, yet die weeks later from complications no one saw coming.
Blood Clots
Hip fractures force prolonged bed rest, creating a cascade of health problems for elderly patients. Blood clots form in the legs when circulation slows during extended immobility. These clots can travel to the lungs, causing pulmonary embolism.
Pneumonia
Pneumonia develops when patients cannot move freely or cough effectively while bedridden. The immune system weakens during recovery, making it harder to fight infections. In turn, infections could spread despite treatment, ultimately leading to death months later.
Psychological Factors
Depression and loss of independence can further impede a full recovery, reducing mobility and making patients more vulnerable to fatal complications.
The One-Year Mortality Rate
Research shows that roughly 20% of hip fracture patients die within one year of their injury. Some studies report rates as high as 30% depending on age and health status.
How Wrongful Death Claims Work in Florida
When a car accident injury leads to death, Florida law provides a legal remedy through wrongful death statutes. Florida Statute § 768.19 defines wrongful death as death caused by the wrongful act or negligence of another person. The personal representative of the deceased person's estate must file the wrongful death claim within two years of death.
Who Can Recover Damages?
Florida law specifies which family members can receive compensation:
- Surviving spouses can recover for loss of companionship, protection, and mental pain and suffering.
- Minor children receive compensation for lost parental companionship, instruction, and guidance.
- Adult children may recover for mental pain and suffering if no surviving spouse exists.
- Parents of deceased minor children can claim loss of companionship and mental anguish.
What Types of Compensation Are Available?
Wrongful death damages include economic and non-economic losses. Economic damages cover medical expenses, funeral costs, and lost future earnings. Non-economic damages address the emotional impact on family members.
If Geoffrey dies from hip fracture complications after a car accident in Seminole, his widow could recover damages for his final medical bills, funeral expenses, and lost retirement income. She could also receive compensation for losing her husband's companionship and support.
Steps to Take After a Fatal Car Accident Injury
The period following a loved one's death brings both grief and legal obligations.
Immediate Actions
Taking steps right after the accident and/or death protects your family's interests while preserving evidence.
- Document everything related to the accident and medical care.
- Request copies of the police report, hospital records, and death certificate.
- Take photographs of the accident scene if possible.
Avoid speaking with insurance companies without legal representation. Insurance adjusters often contact families shortly after a death, hoping to settle claims quickly for minimal amounts. Anything you say can reduce or deny compensation later.
Gather Critical Evidence
Medical records are crucial evidence in wrongful death cases involving delayed fatalities. These documents must show the connection between the car accident and eventual death. Hospital charts, surgical notes, and physician statements help establish this medical causation.
Witness statements from the accident scene provide important testimony. Traffic camera footage offers objective evidence of the at-fault driver's actions. Cell phone records can reveal whether the other driver was distracted while driving.
The Important Role of Proving Medical Causation
When someone dies several months after a car accident, the insurance company’s lawyers may point to the victim’s age or pre-existing conditions. To win your case, you must prove the accident started the series of events that led to your loved one’s untimely passing.
Expert Medical Testimony
Wrongful death cases involving delayed fatalities often require expert medical witnesses. These doctors review medical records and provide opinions about whether the hip fracture directly contributed to death. They explain how the injury created conditions that led to fatal complications.
An orthopedic surgeon might testify that a hip fracture forced prolonged bed rest, which directly contributed to the blood clot that caused death. His testimony connects the accident to the death despite the three-week delay.
Overcoming Defense Arguments
Insurance companies frequently claim that advanced age or other health conditions caused the death, not the car accident. Your legal team must demonstrate that the victim was living independently and functioning well before the accident. Pre-accident medical records, witness testimony from family and friends, and activity records help establish the person's condition before the crash.
Work With a Seminole Car Accident Attorney
Wrongful death cases involving delayed fatalities require specific legal knowledge and medical understanding. Insurance companies handle these claims differently because the connection between accident and death seems less obvious than in immediate fatality cases.
An experienced Seminole car accident lawyer will investigate all aspects of your case, from the initial crash through the medical treatment that followed. They work with medical professionals to establish causation and calculate appropriate damages for your family's losses.
The legal process takes time, often extending over months or years. Having knowledgeable representation allows you to focus on grieving while your attorney handles legal details and insurance negotiations.
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