A DeLeon Springs, Florida man was recently killed while walking along the paved shoulder of a road. According to the Florida Highway Patrol, the young man (27 years old) was walking with a friend along US 17 when they were struck by a southbound Ford Escort.
The incident occurred near the intersection of Spring Garden Ranch Road. The second pedestrian was taken to Florida Hospital DeLand and treated for minor injuries, while the other was declared dead on the scene. According to police reports, both the driver and the pedestrians were on their way to work in the morning.
Although there is no indication of wrongdoing on the behalf of the driver, the Florida Highway Patrol continues to investigate the accident. Depending on the findings of the investigation, the surviving family of the young man who was killed could be entitled to compensation for their loss. When surviving family make a claim on behalf of a family member who was killed in an accident, this is called a wrongful death action.
According to the Florida Wrongful Death statute, if a person who was killed in an accident would have been entitled to compensation for their injuries had they survived, then, in some cases, their right to compensation will pass to surviving family members. Often, this occurs when the deceased was supporting the surviving family. Here the law ensures that these family members can continue to provide food and shelter even without the deceased’s income. Furthermore, this compensation will include forecasted future earnings. As the deceased in this case was only 27, his lifetime earning potential could be significant.
However, the ability to file a wrongful death case depends on the facts of the case. If the driver in this situation is found negligent, and that his negligence was the cause of the pedestrian’s death, then wrongful death law will apply. If, however, it is found that the pedestrian was at fault – or partially at fault – due to, for example, walking in the street, then a court could deny a wrongful death action.
To better understand how Florida’s wrongful death act could apply to your case, call the Law Offices of James O. Cunningham, P.A. today and 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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