Success Stories

Wrongful Death Settlement $1,425,000

During the early morning hours of February 11, 2022, Ms. Ellie Smith was on her way home from work when she saw a single vehicle that had crashed and was partially obstructing the highway in front of her. Ellie pulled over onto the right shoulder of the road and waited to see if the driver of the vehicle was still in the car. Moments later, the driver of the disabled vehicle attempted to exit his vehicle. As a Good Samaritan, Ellie went out to see if she could offer aid or assistance. While she was out attempting to help the man injured in the crash, she was struck and killed by a motorist returning home after an evening at a local bar. The insurer for the driver of the car which struck and killed Ellie initially denied all responsibility for the crash causing Ellie’s death. An expert in the field of accident reconstruction retained by Mr. Cunningham reviewed video evidence obtained by his law firm and was able to show this driver never reduced his speed or applied brakes as he approached what should have been an obvious vehicular emergency. In 2023, the insurer reluctantly paid its policy limits to avoid a lawsuit. The settlement achieved represented the maximum of all the applicable liability and underinsured motorist coverage available to compensate the survivor for the loss suffered.

Money can never compensate a person for the loss of someone they love, but it is the only civil remedy Florida Courts recognize. Ellie’s family will always miss her, but they take some comfort knowing that guilty parties were held financially accountable for their negligence.

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