In late December five people were killed in a car accident on 1-95 in northern Miami-Dade County when a woman traveled the wrong way down the opposite lane and crashed into a sedan carrying four people. The woman was driving southbound in the northbound lane when she struck the sedan, killing all four people in the car. Two of the passengers were not wearing seatbelts and were ejected from the vehicle. Both vehicles were moving at a high rate of speed and collided head on. Two more people were sent to the hospital in critical condition.
The four people inside the sedan were family members getting together for the holidays. Jose Martin Labrador, 52, and Gisela Gil-Egui, 48, were husband and wife and both worked at local colleges. Labrador was the director of education technology at Housatonic Community College and Gil-Egui was a professor of communications at Fairfield University.
If you were injured or lost a loved one in a car accident, contact an experienced Miami Car Accident Attorney.
Wrongful Death Suits in Florida
Florida wrongful death claims are governed by statute section 678.18 which specifies wrongful deaths as those caused by the wrongful act, negligence, default, or breach of contract of another person or entity. Wrongful death suits can be filed by the victim’s spouse, children, or parents. Blood relatives or adoptive siblings can also file these claims, but usually must be wholly or partly financially dependent on the decedent.
There are various damages for which the victim’s family can sue in a wrongful death case. Such damages include:
- Compensation for potential earnings the deceased person potentially could have made had he or she lived.
- Medical and funeral expenses.
- Pain and suffering the death caused the family.
- Loss of the deceased services like house work and childcare.
- Loss of companionship, guidance, and protection previously given by the decedent.
- Loss of possible inheritance the deceased may have received if the victim had lived.
Filing a Civil Suit Against a Deceased Party
In the accident detailed above, the person who caused the wrongful deaths also died in the crash, which makes the legal proceedings slightly more complicated. In such cases the victim’s estate would sue the estate of the responsible party. This trial may be a little more muddled as neither of the affected parties can testify. If the plaintiff wins the case, then the damages awarded would be treated as a debt that must be paid off by the responsible party’s estate.
Contact an Experienced Miami Wrongful Death Attorney Today
If you were so unfortunate as to endure the tragedy of losing a loved one due to a car accident or other negligent act, litigation may be your best option to seek justice. The personal injury lawyers at Gerson and Schwartz, PA are located in Miami Dade County, Florida and have extensive experience reprsenting clients in wrongful death law suits and claims. All cases are conducted on a contingent fee so there are no attorney’s fees unless we recover money on your behalf. Contact us today for a free consultation.