When a car crash results in a fatality, and the victim was not at-fault in the accident, the surviving family members may need to consider making a wrongful death claim. A wrongful death claim is brought under a theory of negligence in the clear majority of car accident lawsuits in South Florida, however the statute of limitations to bring a claim is shorter.
Pursuant to Section 95.11 of the Florida Statues, the time to file a civil personal injury for most torts, including a car accident there, is a statute of limitations of four years. However, in the event that the victim dies as a result of the negligent conduct alleged, the statute of limitations is reduced to a two-year statute of limitations. As our Fort Lauderdale personal injury lawyers can explain, however, if it is beyond the two-year period, it doesn’t mean that it is too late to file a case, but you will be restricted to filing a negligence case based upon the car accident and will not be able to pursue wrongful death damages. With all of that being said, you want to speak with an experienced car accident lawyer as soon as possible to make sure there is no unnecessary delay in filing your claim or ultimately filing a personal injury lawsuit should the case not settle.
According to a recent news article from the Sun Sentinel, a tourist was killed in fatal alleged hit-and-run car accident. His wife, who was with him at the time of the tragic accident, said the couple were driving around Las Olas after they had just come from dinner. He pulled over, because he wanted to take some pictures, she said, especially one of the boats he noticed while driving past what turned out to be the scene of the deadly accident.
His wife took a picture of him resting his arm on a sign that read “Welcome to Fort Lauderdale Beach,” and there were several large yachts in the water behind him. As he was headed back to the car, where his wife was seated after just taking the picture, she said she heard a loud noise and no longer saw her husband. His children were also in the car.
Authorities say the vehicle that hit him kept going as the driver fled the scene. They were eventually able to find the car, but they did not locate the driver and passenger. They began looking in area bars for the suspect as he might have been drinking around the time of the fatal Fort Lauderdale car accident.
Neighbors who ran out to the street when they heard the crash said that first responders did what they could before they transported him to Broward Medical Health Center, but his injuries proved too severe, and he was pronounced dead soon after arriving. They also said the area was very dangerous, as there are frequently speeders flying through the area as there are numerous drivers that are either drunk or on drugs, or both.
Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.
Visitor killed in hit-run crash just wanted ‘to have a picture with boats,’ wife says, July 3, 2017, By Mike Clary, Sun Sentinel
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FHP Launches Program to Help Solve Hit-and-Run Crash Cases, April 3, 2017, Pedestrian Accident Lawyer Blog