Miami Accident Lawyer Blog
In the early morning following Halloween night, a driver lost control of a Chevy Camaro at a “high rate of speed” and veered into oncoming traffic, said the Traffic Homicide Unit for the Miami-Dade Police Department. The Camaro collided with a Dodge Charger causing one of the Camaro’s passengers to be ejected through the front windshield. The ejected passenger was pronounced dead on the scene. The remaining three people inside the Camaro and the driver of the Charger were taken to the hospital and are currently in stable condition.
If you or a loved one was injured or killed in motor vehicle accident contact a Miami Car Accidents Lawyer today.
The accident, occurring at the 5000-block of N.W. 32nd Avenue, was tragic on all accounts. Although Miami police are still investigating the exact causes of the accident, it does appear that the driver was likely driving over the speed limit and is likely at fault for the wreck. Drugs and alcohol have not been ruled out as contributing to the accident.
Because of the destructive nature of such an accident, the many victims have various legal avenues they can pursue to seek compensation for their injuries. The family of the dead passenger can file a wrongful death suit while the other passengers and the driver of the Charger can seek damages for their medical expenses and other expenses resulting from the accident.
Wrongful Death Claim
Pending a full investigation, if the driver of the Camaro is found liable for the accident, the family of the passenger killed in the accident can likely file a Wrongful Death Claim.
Wrongful death cases in Florida are governed under the Wrongful Death Act or Statutes 768.21. The statute dictates that only a representative of the estate can file a wrongful death suit, as dictated by the victim’s will or in the case of no will, chosen by the judge. The statute of limitations to file a wrongful death claim is two years.
There are numerous damages that can be awarded to a victim’s family for these kinds of cases. The damages, however, are based on the damage the accident caused the family and not necessarily the victim.
Some of the damages include medical and funeral costs, pain and suffering the accident caused the family, financial loss suffered by the victim’s spouse and children, loss of parental guidance, and various other damages. A death of a family member can negatively impact all aspects of life and therefore an experienced lawyer can find numerous areas to sue for damages.
Personal Injury Claim
The surviving passengers and the driver of the Charger can all file personal injury suits against the driver, if he was found negligent. There are various damages they can receive through a successful lawsuit. They could receive compensation for medical damages, loss of wages, pain and suffering, and disfigurement. Depending on the severity of their injuries, the injured parties can receive damages on multiple fronts.
Contact an Experienced Car Accident Attorney Today
If you or a loved one were affected by a South Florida auto accident contact the experienced Car Accidents Lawyers at the Law Offices of Gerson & Schwartz, P.A. Our team of compassionate attorneys will guide you through this painful time and ensure you receive the proper compensation. Car accidents are never easy, but we are here and ready to offer a helping hand.