Isabel Castro, from Lakeland, Florida, died on December 22, 2019 from injuries sustained in a Bartow car crash on December 20, 2019 as reported in The Ledger. The newspaper reported that the vehicle that she was riding in as a passenger made a turn and was struck on the side. Our condolences go out to her family. Below is free information that is hopefully helpful.
No-Fault Offers A Death Benefit Regardless Of Whether Medical Expenses Are Paid
Florida automobile insurance policies carry a death benefit of $5,000 under the personal injury protection (or no-fault) portion of the policy.
It used to be that this death benefit was not available if the full limit of $10,000 was paid for injuries. The Florida Legislature passed a new PIP statute a few years back in recognition that this was unfair to someone who initially survives an accident but passes away later.
That is why the $5,000 the death benefit is now available regardless of payment for medical care.
Potential Liability Claims
Many people are uncomfortable talking about potential liability claims, particularly when it involves a death. While we want to be sensitive to all, this is the type of accident where there are possible liability arguments that could be made regarding both drivers. The insurance companies for both drivers are likely to pay policy limits in response to any colorable legal theory. These claims will be made as wrongful death claims arising from the accident. This is where the attorney that you hire can make a difference.
Uninsured Motorist Coverage
In addition to potential liability claims, Ms. Castro may have been insured for uninsured motorist coverage under either a policy covering the vehicle that she was riding in as a passenger or by a living with a family member with uninsured motorist coverage on their automobile policy.
This case also has the potential (due to comparative fault) for both bodily injury and uninsured motorist coverage to be paid from the same policy (requires no coverage under any other policy)(please see our Results page with a case involving a $250,000 settlement for a jaw fracture where bodily injury and uninsured motorist benefits were obtained from the same policy).
Talk To A Lakeland Car Accident Attorney
Call Russo Law for a free consultation with a Lakeland car accident attorney. We don’t charge attorney fees or costs unless we are able to recover money for you. Schedule your free consultation today.