According to the Florida Highway Patrol, a 19 year old female was killed in a single car accident on Interstate 10 near Tallahassee. The accident report states that the driver’s Honda Civic was traveling east when it began to rotate onto the center grass median, causing it to collide with a tree and catch on fire. The collision trapped the driver inside, leaving her dead at the scene.
Although little is known about what caused the car to spin out in the first place, based on the evidence at hand it seems that a malfunction of the car could have been the culprit. Furthermore, as the driver was trapped inside after the collision, there could also be a design flaw in the car. If so, then it would seem that the driver would have grounds to file a products liability case against the car manufacturer (or the manufacturer or repairer of a faulty component of the car, such as the tires, for example).
In a products liability lawsuit, if one is injured by a default or malfunction of a product, one can seek compensation for any injuries they had sustained as a result of the default or malfunction. However, in the case at hand, the victim died. In cases when the default or malfunction leads to death, surviving family members may be able to file a lawsuit on behalf of the decedent. Such lawsuits are called Florida wrongful death claims. According to the Florida wrongful death statute, a family member can seek compensation through legal recourse for the accidental death of another family member. Although a wrongful death suit is most often filed by a surviving spouse or children, in some cases a parent, sibling, grandparent or grandchild can seek compensation. The key to a successful wrongful death action is to show that the person seeking compensation was somehow dependent, such as financially, on the decedent.
As wrongful death lawsuits are complex and stressful, the first step is to hire an experienced Florida wrongful death attorney. For over three decades the lawyers at the Law Offices of James O. Cunningham, P.A. have been helping surviving family members get the compensation they deserve. Contact us 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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