The Perazzo Law Firm’s car accident lawyers in Miami, have learned, according to the Florida Highway Patrol (FHP), as reported by ClickOrlando, that six people were killed Friday night, October 23, in a crash on Florida’s Turnpike in Orange County. When several people die in one crash, Florida law treats each death separately: under Fla. Stat. § 768.20, each decedent’s personal representative brings a wrongful death claim. Families with questions can call 888-PERAZZO.
What has been reported
According to the FHP, as reported by ClickOrlando, a Chevrolet Traverse headed north near Weatherby Road struck a Road Ranger’s truck at about 9:30 p.m.
Per a crash report cited by ClickOrlando, the Traverse’s driver and five passengers died. ClickOrlando reports that troopers are working to identify the victims and that the crash remains under investigation. No cause or finding of fault has been announced, and nothing here suggests who may be responsible.
Each death is a separate claim
The Florida Wrongful Death Act applies when a death is caused by another party’s wrongful act, negligence, or default, as § 768.19 provides. Whether that happened here is a factual question the investigation has not answered.
Under § 768.20, the action is brought by the decedent’s personal representative, who recovers for the benefit of the decedent’s survivors and estate. In a six-death crash, that means six estates, each with its own representative, and six separate claims.
- Survivors. Section 768.18 defines who counts as a survivor, including the decedent’s spouse, children, and parents, with specific rules for other relatives and for certain children, so the exact definition matters for each family.
- Damages. Section 768.21 lists what survivors and the estate may recover, such as lost companionship, lost support and services, and medical or funeral expenses. Which items apply depends on who survived and their relationship to the person who died.
The deadline and early records
A wrongful death action must be filed within two years under Fla. Stat. § 95.11(5)(e). Families sometimes ask what to keep or request in the meantime. As general advice, it helps to gather:
- The crash report. Request a copy once one is available.
- Photographs and video. Keep any scene photos, dashcam footage, or phone video, and do not delete them.
- Contact details. Write down names of witnesses and anyone else who spoke with the family.
Keeping records does not mean blaming anyone. It keeps the facts available for whatever the investigation finds.
Insurance questions come later
Which insurance policies apply, and how much coverage is available, cannot be answered until the facts are known. A Miami car accident lawyer can explain how that process works for a specific family.
Frequently asked questions
Who files a wrongful death claim in Florida?
The decedent’s personal representative brings the action under § 768.20, for the benefit of the survivors and the estate.
Do the families of all six people file together?
Under § 768.20, each death has its own personal representative, so each is a separate claim. Whether families coordinate is a decision for them, made after the facts are clearer.
Has anyone been found at fault?
Not according to the reporting. ClickOrlando reports the crash remains under investigation, and no cause or fault finding has been announced.
Talk with us Today!
If your family lost someone in a crash, call 888-PERAZZO or request a free case evaluation. We can explain the process and the deadline, and you decide what comes next.
This article is general information, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Car accident Attorney in Miami Advertising. Jonathan Perazzo, Esq. is the attorney responsible for this content. The Perazzo Law Firm maintains bona fide offices in North Miami Beach, Florida and Atlanta, Georgia.