Tragic Accident Claims Life Of Father And Child
A toddler and her father have died as a result of a fiery car accident on Thanksgiving Day. Northwest Miami-Dade was the site of the tragic incident in which drivers of both cars are suspected to have been speeding. Video of the accident shows the vehicles close enough to almost be touching before they collided and caught fire. The driver of the one vehicle involved in the collision walked away with minimal injuries, but the occupants of the second vehicle did not have the same fate; a man and his little girl perished inside the vehicle, and the third occupant, the mother of the little girl, suffered severe burns during her failed attempt to save her daughter.
Righting A Wrong
Senseless and horrific losses such as the loss of this little girl occur often as a result of accidents of all types. When they do, there is no way that any action the survivors take can even come close to making up for their loss. One legal remedy that is available, however, that is intended to provide some kind of compensation for the incredible loss is a wrongful death action. In cases involving the death of a person that was caused by the negligence of another person, survivors have the right to file a civil lawsuit to pursue damages from the negligent person; this type of action is known as a wrongful death claim. In Florida, the Wrongful Death Act is found in Florida Code Section 768.16.
What Must Be Proven?
In an wrongful death action, certain basic elements must be proven. First, the defendant must have had a duty of care – in the context of an auto accident, the duty of care would be the defendant’s obligation to follow the rules of the road and operate his or her vehicle safely. The defendant must have then breached this duty of care – again, in the context of an auto accident, actions such as speeding or breaking traffic laws would be a breach of the duty of care. Lastly, the breach of duty of care must have been the direct cause of the victim’s death. In Florida, wrongful death actions must be filed within two years from the date of the death; this statute of limitations serves as a bar to recovery if actions are not filed promptly after suffering a tragic loss such as the death of a family member as a result of an auto accident.
Boone & Davis – Your Wrongful Death Attorneys
If you have lost a loved one as a result of another person’s negligent or wrongful act, the attorneys at Boone & Davis can help you get the results you deserve. Wrongful death actions are often complicated and complex; do not entrust important matters such as these to an attorney who does have the experience to effectively and efficiently handle your case. The legal professionals at Boone & Davis have helped their Fort Lauderdale area clients get results and can do the same for you. Contact Boone & Davis today and let us get started working for on your side. Contact us online or call 954.556.5260 to schedule your free consultation today.