Fatal DUI Accidents and Wrongful Death in Florida

file000530964878Per Florida statute, a person shall be charged with driving under the influence if he or she has a “breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.”  In Florida, as in other states, DUIs are a daily threat to public safety. As a matter of fact, per Mothers Against Drunk Drivers (“MADD”), 27.5% of all traffic fatalities in Florida involve drunk drivers. In the 2014 alone, there were 40,677 DUI arrests.

A doctor, 61-year-old Eric Martin Spivack, living in South Florida, was arrested for the crash that killed a pedestrian in North Miami Beach. Spivack faces a DUI manslaughter charge.  Spivack, a cardiologist, was driving when he fatally struck Yakov Duboschinskiy, 77 years of age.  Duboshinskiy was crossing the street when he was hit. When police arrived at the scene, they noted that Spivack smelled of alcohol. A toxicology test would later reveal that Spivack had a blood-alcohol level of .087. This is above the legal limit of .08. Spivack also had traces of codeine in his system.  

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney.  The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online to set up a FREE initial consultation.

Wrongful Death

Per Florida Statutes section 678.18, if a person’s death is caused by a wrongful act, breach, negligence, or breach of contract of another person or entity, the deceased’s estate is entitled to bring a civil lawsuit in Florida courts. To bring said lawsuit, plaintiff must have standing. The deceased’s personal representative of his or her estate must file the wrongful death claim. The deceased’s personal representative is typically designated in the deceased’s living will or trust. If none, or if no designation, the court will designate a personal representative. The personal representative is normally the surviving spouse.

Wrongful death claims are filed on behalf of the deceased’s estate and any surviving family members. It is a requirement that the personal representative list each and every surviving family member that has an interest in the wrongful death claim. Under Florida law, family members who may be able to recover damages in a wrongful death claim include, but are not limited to, (i) the deceased’s spouse, parents and children; and (ii) any blood relatives or adoptive siblings who are dependent, either partly or wholly, on the decedent for support or services.

Take Action

If you or a loved one is a victim of the negligence of another, it is vital that you hire an attorney for your case. The Miami wrongful death lawyers at Gerson & Schwartz, PA have the experience and knowledge needed to protect you. At Gerson & Schwartz, PA all of our lawyers are licensed to practice law in all Florida state and federal courts. We provide aggressive quality legal representation. For more information and a FREE consultation call us toll free at 1-877-475-2905 or contact us online.

 

(photo courtesy of Jane Sawyer)

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