Two Orlando area men, both in their 20s, died earlier this week when their vehicles collided in the Parramore neighborhood. According to the Orlando Police Department, the crash happened at 2:15 am at the intersection of West Church Street and South Orange Blossom Trail. One car, which was seen speeding west on West Church, failed to stop at a red light. Upon entering the intersection, it collided with a car traveling south on South Orange Blossom Trail. The driver and a passenger in the car traveling south on South Orange Blossom were pronounced dead at the scene. The driver and passenger of the car speeding on West Church were taken to a local hospital, where they were treated for non-life-threatening injuries.
Although the accident remains under investigation, based on the information available, it would seem that the driver who ran the red light is at fault. Both speeding and failing to stop at a red light would likely be considered negligent – if not reckless – acts. As these negligent actions were what caused the accident, the speeding driver could be held liable for the resulting deaths. If either the deceased driver or passenger have surviving family members who depended on the deceased for support, then these surviving family members could seek compensation for their loss by filing a Florida wrongful death lawsuit.
According to Florida Statute 768.19, when a person’s death is “caused by the wrongful act, negligence, default or breach of contract” of another person or some other entity, the estate of the deceased person may file a civil lawsuit seeking “a legal remedy for that death and the losses stemming from it”. The law, however, limits those family members who are able to recover damages to:
- The deceased’s spouse, children and parents
- Any blood relative or adoptive sibling who is partly or wholly dependent on he decedent for support or service
Furthermore, the law requires that a wrongful death lawsuit be filed within two years of the date of death (with very limited exceptions).
As Florida wrongful death claims are complex, it is highly recommended that you seek the advice of an experienced Orlando personal injury attorney. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.
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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