The Miami car accident lawyer, Jonathan Perazzo, knows that when a passenger dies in a multi-vehicle crash, Florida’s Wrongful Death Act lets the estate’s personal representative bring a claim for the family, and the filing deadline is generally two years. Families with questions about a wrongful death claim can call The Perazzo Law Firm at 888-PERAZZO for a free case evaluation.
What was reported on Immokalee Road
The Perazzo Law Firm has learned, according to Gulf Coast News, that a three-vehicle crash on Immokalee Road at Esplanade Boulevard killed a 74-year-old passenger just before 7 a.m. on Friday, Oct. 23. Our thoughts are with the family.
The Florida Highway Patrol (FHP) says a 2020 Toyota C-HR was westbound, a RAV4 was eastbound in the inside lane, and a Chevrolet Express cargo van was eastbound in the left-turn lane, Gulf Coast News reports.
FHP says the C-HR changed into the inside lane, failing to yield to the RAV4. The RAV4 was redirected across the median into the left-turn lane and hit the van, according to the same report. The RAV4’s 74-year-old passenger died at a hospital, the outlet reports.
What Florida law says about the family’s claims
Florida law allows a wrongful death action when a death is caused by another’s wrongful act or negligence, if the injured person could have sued had the death not occurred, under Fla. Stat. § 768.19. FHP’s statement is an early account. It does not decide who, if anyone, is legally responsible.
- Who files. Under Fla. Stat. § 768.20, the personal representative brings the action for the survivors and the estate.
- What can be recovered. Fla. Stat. § 768.21 sets the damages categories, which depend on who the survivors are. Fla. Stat. § 768.18 defines “survivors.”
- The deadline. Fla. Stat. § 95.11(5)(e) covers “an action for wrongful death” with a two-year limit.
When more than one vehicle is involved
When three vehicles are involved, more than one driver’s insurer can end up in the picture. Which policies apply depends on the facts and the coverage each driver carries.
Florida’s required coverage is narrow. Fla. Stat. § 324.022 sets a $10,000 minimum for property damage liability, and most drivers are not required to carry bodily injury liability coverage. Where a responsible driver’s coverage is limited, uninsured motorist coverage under Fla. Stat. § 627.727 may matter, depending on the policies involved. Our car accident lawyer in Miami page covers car accident claims more broadly.
Frequently asked questions
Who can bring a wrongful death claim in Florida?
The decedent’s personal representative files it, under Fla. Stat. § 768.20, for the benefit of the survivors and the estate.
How long does a family have to file?
Generally two years, under Fla. Stat. § 95.11(5)(e). Exceptions can apply, so a family should confirm the deadline for its own situation.
Can more than one insurer be involved?
In a multi-vehicle crash, it is possible. Which policies apply depends on the facts and the coverage each driver carries.
Talk with someone who can explain your options
If your family has lost a loved one in a crash, call 888-PERAZZO or request a free case evaluation online.
Miami Car Accident Attorney Advertising. This blog post is general information, not legal advice. News details come from the linked report and may change as the investigation continues. The Perazzo Law Firm, offices in North Miami Beach, FL and Atlanta, GA. Jonathan Perazzo, Esq. is the attorney responsible for this content. Past results do not guarantee a similar outcome.