A local 15 year old high school student was killed in an Orlando, Florida area hit and run crash last weekend. According to the Florida Highway Patrol, the driver was arrested shortly after the incident.
According to the police report, the student was playing in the street near Avalon Park Boulevard and Pellicer Drive with several friends when a 2010 Yamaha motorcycle driven by a 35 year old male hit him. The motorcycle then fled the scene, later being found by law enforcement in a nearby backyard. He was arrested on a charge of leaving the scene of a fatal crash. The 15 year old victim was transported to the Orlando Regional Medical Center, where he was pronounced dead.
Although no amount of money can ever make up for the loss of a loved one, particularly a child, the victim’s surviving family may have a right to seek compensation under Florida’s wrongful death action. In Florida, if one is injured by the negligent acts of another (i.e., the motorcyclist’s hit and run), then they can seek compensation for their injuries by filing a Florida personal injury lawsuit. However, when the victim dies because of the negligent act of another, they clearly cannot seek compensation themselves. Instead, the Florida wrongful death act comes into play, which allows surviving family members to seek compensation for the loss of a loved one.
In the case at hand, this would likely mean that the victim’s parents and perhaps siblings could seek compensation for their loss. This would mean seeking damages for:
- Loss of support and services
- Loss of decedent’s companionship and protection
- Mental pain and suffering
- Medical or funeral expenses when paid for by a survivor
Florida’s wrongful death law is complex, and there is a strict statute of limitations that requires all claims be filed within a specified period of time. Failure to do so could result in a claim being barred. To learn more about how the wrongful death statute could impact your legal claim for compensation, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
If you or someone you love has been injured in a vehicle accident, call toll-free at 1-888-FLA-Auto (1-888-352-2886).
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