In a tragic incident on the Florida Turnpike, a 47-year-old man from Trevor, Wisconsin, lost his life in Osceola County. The unfortunate event occurred near Kissimmee Park Road at mile marker 240, specifically in the southbound lanes. The Florida Highway Patrol confirmed that the incident took place just before 2 a.m.
The Wisconsin man was driving a Ram 1500 pickup truck, which was towing a boat trailer. For reasons yet to be ascertained, he pulled over onto the shoulder of the Turnpike and stepped out of his vehicle. While standing on the outside shoulder, he was fatally hit by a Ford F-150.
The Ford F-150 was being driven by a 42-year-old man from St. Cloud, Florida. Authorities said he failed to maintain his vehicle in the proper lane, veering out of the lane and striking both the man and the boat trailer he was hauling. The victim was declared dead at the scene. Remarkably, the driver of the Ford F-150 did not sustain any injuries.
As the investigation unfolds, one lane has been temporarily blocked by the Florida Highway Patrol. Although the southbound lanes were initially closed following the accident, they have since been reopened to traffic.
Further details are pending as authorities continue their investigation into this unfortunate occurrence.
Pursuing a Wrongful Death Case After a Loved One is Killed in an Orlando Car Accident
Losing a loved one in a car accident is an incredibly traumatic experience. While no amount of compensation can ever replace the loss, Florida law provides some legal recourse for families to recover damages through a wrongful death lawsuit. Below, we will discuss the essential aspects of pursuing a wrongful death case in Orlando, Florida.
Who is Eligible to File a Wrongful Death Lawsuit in Florida?
In the state of Florida, the deceased person's estate typically initiates the wrongful death lawsuit. The estate is represented by a personal representative, who may or may not be a family member. According to Florida law, the following parties are generally eligible to receive compensation:
- Spouses
- Children
- Parents
- Blood relatives or adoptive siblings who are "partly or wholly dependent on the decedent for support or services"
The relationship to the deceased will directly influence the kinds of damages one can claim, which we'll delve into next.
Types of Damages Available in a Florida Wrongful Death Lawsuit
Florida law acknowledges a variety of damages that survivors can claim, depending on their relationship to the deceased and the circumstances of the case. These can broadly be classified into:
Economic Damages
- Loss of the decedent's earnings
- Loss of future earning capacity
- Medical bills related to the decedent's final illness or injury
- Funeral and burial expenses
Non-Economic Damages
- Loss of companionship and protection
- Emotional pain and suffering
- Loss of parental guidance, for surviving minor children
The Impact of Insurance Coverage on the Value of the Claim
In Florida, insurance plays a crucial role in wrongful death cases arising from car accidents. Insurance coverage limits can significantly affect the compensation received. For instance, standard car insurance policies may have limits that are insufficient to cover all the damages claimed.
Differences in Commercial Vehicle Accidents
On the other hand, commercial vehicle accidents often involve higher insurance coverage limits, providing a larger pool for compensation. Commercial trucks, taxis, and other business vehicles usually have policies with much higher limits compared to personal vehicles. Hence, if your loved one was killed in a collision with a commercial vehicle, you and your family may be able to access a larger insurance policy to cover your losses and damages.
Conclusion
The death of a loved one in a car accident is devastating, and navigating the legal labyrinth during this emotionally charged time can be overwhelming. Understanding the nuances of who can file a wrongful death lawsuit in Florida, the types of damages available, and how insurance affects the claim can help guide you through this challenging process. Always consult with an aggressive and attentive attorney to ensure you receive the compensation to which you are legally entitled.
