Source: Wsvn.com
A 3-year-old boy who was rushed to the hospital after a car crashed into a Valentine’s Day vendor’s stand in South Miami-Dade has died, authorities said. Miami-Dade Fire Rescue, Miami-Dade Police and Florida Highway Patrol units responded to the incident in the area of South Dixie Highway and Southwest 296th Street just after 1 p.m. on Friday.
According to Florida Highway Patrol, a man driving a Charger was driving north on U.S. 1 when he lost control, veered off of the roadway and struck the victim, who was standing underneath the tent that had been set up for the vendor near a KFC restaurant and a Dodge dealership. According to witnesses, two cars may have been drag racing down the northbound lanes of U.S. 1.
According to a spokesperson for Florida Highway Patrol, a call came in as an accident involving a child between 3 and 5 years old. Just before 5 p.m., FHP officials confirmed the victim succumbed to his injuries. Officials said the motorist stayed at the scene. The Charger was later towed from the scene as evidence. Authorities have not disclosed the victim’s identity, as they continue to investigate.
Wrongful Death Lawsuits in Florida
A wrongful death suit is a type of lawsuit presented to a party believed to have caused a death due to their negligence or an intentional act. Wrongful death requires two parts: a death and a legal liability by another party. The party may be an individual or an organization. In the case of a death in a car accident, the deceased’s survivors may sue the other driver if they were negligent and directly caused the death.
In the state of Florida, there are several types of accidents that can lead to wrongful death lawsuits, some of the most common being: construction accidents, motorcycle accidents, car accidents, truck accidents, premises liability, medical malpractice, and slip and fall injuries. These lawsuits allow the family of a deceased loved one to pursue compensation on the behalf of the deceased’s estate. When a loved one dies in a motor vehicle accident or from injuries sustained in a motor vehicle accident, family members or a personal representative of the deceased may file a wrongful death claim against the allegedly liable party. Eligible family members must take action quickly because the statute of limitations for wrongful death lawsuits under Florida law is two years after the passing of a loved one.
Can You File a Wrongful Death Claim?
In Florida, a wrongful death lawsuit is filed by the personal representative of the victim’s estate. The Florida Wrongful Death Act allows the following relatives to file a wrongful death claim:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adoptive siblings
- Children born out of wedlock to a mother
- Children born out of wedlock to a father (if it can be shown that the father accepted responsibility for the child)
Was Your Loved One the Victim of a Wrongful Death?
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’s wrongful death cases have a statute of limitations of just two years. These cases can be notoriously complex as well, as there are several complicated issues like intent to remarry or divorce, adopted children and posthumous children. 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.
