An 11 year old Durban girl who was hit by a car on Florida Road has died. The incident happened Thursday, September 1st, bringing traffic to a standstill as emergency responders desperately tried to save her.
According to local news reports, the girl was walking from school and was crossing the road when she was hit by a car. The impact flung her into a parked car, where emergency crew found her lying on the road in a pool of blood and showing signs of having sustained multiple traumatic injuries.
Although EMS immediately started CPR in an attempt to revive her, and advanced life support assistance was called in, sadly nothing could be done. After nearly a half hour of work, the victim was pronounced dead.
Police say the incident is being investigated as a possible culpable homicide, or involuntary manslaughter, although no arrest have yet been made. Involuntary manslaughter in Florida requires the showing of culpable negligence on the part of the driver. If negligence is found, the family of the girl may be able to file a civil lawsuit for wrongful death. According to Florida law, one can file a lawsuit against the responsible person when any death is caused by any wrongful act, negligence, default or breach of contract or warranty. In order to be able to file a claim for wrongful death, one must be able to demonstrate the following;
- That the conduct amounts to a wrongful act, negligence, default or breach of contract or warranty
- That the conduct in fact caused the death of the decedent
- That the conduct would have entitled the person injured to file a lawsuit and recover damages if they had not died.
In the case at hand, the driver’s negligent driving was the cause of the accident that killed the girl and, had the girl lived, she would have been able to seek compensation for her injuries, medical bills and, perhaps, loss of future earning potential. Thus, her family would qualify to file a wrongful death action in Florida – with certain limits on what family members are allowed to file and what type of damages they can seek.
Clearly, Florida wrongful death claims are complex and require the assistance of a knowledgeable, experienced Florida personal injury attorney. To learn more about how Florida’s wrongful death statute could apply to you, call the Law Offices of James O. Cunningham, P.A. at 1-877-FL-INJURY to schedule your free initial consultation.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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