1 Child Dead and 5 Hospitalized Following Accident in SW Miami-Dade
A crash between two vehicles left one child dead and five others injured in Southwest Miami-Dade on Thursday Night just after 10 p.m. Police responded to the intersection of Southwest 92nd Avenue and Bird Road. The Miami-Dade Police Department and Florida Highway Patrol say that a Ford F-150 pickup truck was headed west down Bird Road when it collided into a Camry that was attempting to make a left-turn at the intersection. Witnesses at the scene said that the two vehicles collided with an impact that sounded like a bomb had gone off. The impact from the crash caused one of the occupants, to be ejected from the vehicle. The intersection of Bird Road and Southwest 92nd Avenue was temporarily closed off. The roadway has since reopened. FHP said charges are currently pending. Following a fatal accident such as this one, victims and their families may not know where to turn for help. At Suarez & Montero, we recognize that these types of accidents can cause life-altering consequences for the families involved. Our hearts go out to the victim’s family. If you are Florida resident and you would like to file a wrongful death law suit following the death of a loved one, it may seem impossible to place a number value on your loved one’s life. However, that is precisely what the court and ultimately the jury may have to decide in a wrongful death case. Read our brief guide below for some of the different factors that guide this determination.
Wrongful Death Actions in Florida: Parents’ Right to Recover for the Death of their Children
When a personal injury results in death, an action for the personal injury pending at the time of death abates. The wrongful death statute creates in named beneficiaries an entirely new cause of action. This right is separate, distinct, and independent from that which might have been sued on by the injured person had he or she lived. Under the Wrongful Death Act, “survivors,” as statutory beneficiaries, include the decedent’s spouse, children of the decedent, parents of the decedent, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters of the decedent. The term “survivor” includes a child born out of wedlock of a mother, but not a child born out of wedlock of a father unless the father has recognized responsibility for the child’s support. In Florida, a surviving parent may recover the value of a deceased minor’s services reduced to present value. When a surviving parent sues for loss of services, recovery is limited to the value of those services from the date of the child’s death to the date on which the child would have reached majority. Florida’s initial Wrongful Death Act which was passed in 1883 made no provision for recovery by the surviving parents for the wrongful death of a child unless the child was a minor and dependent upon the parents for support. However, in 1899, the legislature amended the act to provide a right of recovery on the part of the parents for the wrongful death of their minor children regardless of dependency. Florida case law on this provision of the Act held that the recovery by the parents would be limited to loss of services of the minor child and mental pain and suffering. The current act specifically provides that parents are included among the “survivors” entitled to recover for the wrongful death of their children and are also allowed to recover for their mental pain and suffering as long as the child was a minor less than 25 years age.
What Type of Compensation Can a Parent Get for the Death of a “Minor Child?”
First, it is important to mention that Parents’ damages for the wrongful death of their minor child is not measured based on the remaining minority of the child but should be calculated based on the life expectancy of the parent. Thus, the parents of a minor child may recover in a wrongful death action the value of lost support and services from the date of injury to death; future lost support and services from the date of death reduced to present value; mental pain and suffering from the date of injury; and any medical or funeral expenses of the deceased child which the parents have paid. Parents of an adult child may recover all of these damages with the exception of mental pain and suffering, which may only be recovered if there are no other survivors. In measuring the damages for a parent’s mental pain and suffering due to a child’s wrongful death, the jury is entitled to hear all evidence concerning the affection and concern that the parent had for the child, or the lack thereof. Evidence of a parent’s abandonment of a minor child is admissible in a suit for wrongful death of the child, as bearing upon the parent-survivor’s entitlement to damages for alleged intense mental pain and anguish. In determining the amount to be awarded for the parents’ mental pain and suffering, it is proper for the jury to consider the joint life expectancy of both the parents and the child as opposed to measuring the amount of damages by the remaining minority years of the child had the child lived.
What Types of Accidents Does Florida’s Wrongful Death Act Apply to?
A parent may be entitled to compensation for pain and suffering if their minor child is killed when he or she is involved in any of the following types of accidents:
- Pedestrian Accidents
- Hit & Run Accidents
- Motorcycle Accidents
- Car Accidents
- Bus Accidents
- Bike Accidents
- Medical Malpractice
Was your child killed in an accident or incident in Florida? Were you hurt in an accident? No matter how much we plan in life, everyone faces unexpected consequences. The passing of a loved one or enduring a particular injury pressures people to look for assistance in the hopes to bring closure from the unforeseen event. The team at Suarez & Montero understands the burden of unforeseen events and can help victims overcome these unfortunate events. If you have lost someone you love, it’s very important to consult with an experienced wrongful death lawyer who can file your case. Florida wrongful death cases have a statute of limitations of just two years. While no amount of money will bring back your loved one, a wrongful death lawsuit will put the blame where it belongs and help your family get through a financially troubling time in your lives. Contact us today at 786 Lawyers for a free consultation!
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
