When a child dies after being struck by a vehicle, Florida’s Wrongful Death Act lets a personal representative bring a claim on behalf of the family and the estate, and the filing deadline is generally two years. Families with questions about a pedestrian accident can call The Perazzo Law Firm at 888-PERAZZO for a free case evaluation.
What was reported in Port St. Lucie
The Perazzo Law Firm has learned, according to WPBF, that a 14-year-old Treasure Coast High School freshman who was walking to school in Port St. Lucie on Wednesday, Oct. 7, died Friday, Oct. 9, after being struck by a car. Our thoughts are with his family, classmates, and teachers.
Both WPBF and Hometown News Treasure Coast report that Port St. Lucie Police found the teen was walking northbound along Port St. Lucie Boulevard when a 2002 Ford Excursion driven by a 72-year-old man struck him from behind. Both outlets also report that the driver told police he believed he had hit a construction barrel, turned around, activated his hazard lights, found the teen unconscious, and called 911, and that he has cooperated with investigators.
WPBF and Hometown News Treasure Coast both describe the investigation as ongoing, and neither report mentions charges. WPBF adds that the investigation’s preliminary findings could change.
What Florida law says about a family’s claims
Florida law creates a right of action when a death is caused by another’s wrongful act, negligence, default, or breach of contract or warranty, if the injured person could have sued had the death not occurred, under Fla. Stat. § 768.19. Whether such a claim exists in any given case depends on what the facts show. Two provisions shape how a claim after a child’s death is brought:
- Who files. Under Fla. Stat. § 768.20, the action is brought by the decedent’s personal representative, who recovers for the survivors and the estate. The injury claim the child would have had does not continue on its own.
- What parents may recover. Fla. Stat. § 768.21(4) provides that each parent of a deceased minor child may recover for mental pain and suffering from the date of injury.
Our wrongful death lawyer page explains how these claims work.
The filing deadline
Fla. Stat. § 95.11(5)(e) places “an action for wrongful death” within a two-year limit. That deadline is set by the civil statute, separate from any police or prosecutorial decision. A family does not have to wait for the investigation to finish before asking a lawyer how the timing applies to them.
Frequently asked questions
Can both parents recover under Florida law?
Fla. Stat. § 768.21(4) says “each parent of a deceased minor child” may recover for mental pain and suffering. How a claim applies to a specific family depends on the facts.
Does a family need to wait for the police investigation to end?
The two-year period in Fla. Stat. § 95.11(5)(e) does not turn on the investigation, so a family can ask about timing at any point.
What does a first conversation with a lawyer cost?
The Perazzo Law Firm offers a free case evaluation, and there is no attorney’s fee unless we recover for you*. You can contact our Florida Pedestrian accident attorneys 24/7 by clicking HERE.
* No fee if no recovery. Our attorney's fee is contingent on a recovery, but you may still be responsible for court costs and case expenses, as set out in your written contingency fee agreement. Contingent fees are not permitted in all types of cases.
Talk with someone who can explain your options
If your family has lost a child or loved one in a crash, call 888-PERAZZO or request a free case evaluation online. You can also read how Florida pedestrian crash claims work.
This article is general information, not legal advice, and does not create an attorney-client relationship. News details come from the linked reports and may change as the investigation continues. Past results do not guarantee a similar outcome. Personal Injury Accident Attorney in Miami Advertising. Jonathan Perazzo, Esq. is the attorney responsible for this content. The Perazzo Law Firm has offices in North Miami Beach, Florida and Atlanta, Georgia.