After a Florida car accident, injury victims and their loved ones may face a daunting road ahead of them. These accidents can leave victims with significant injuries that may impact their livelihood and daily activities. In addition to complex substantive rules, Florida courts maintain a series of procedural rules that can make a recovery difficult. These challenges become more evident when the at-fault party dies during the accident or during proceedings. Cases in which the at-fault party dies require a comprehensive understanding of the intersection between Florida tort and probate laws. It is essential that injury victims contact an attorney to discuss how the death of a defendant may impact their claim.
A recent Florida car accident highlights a situation where a family may need to file a claim against a deceased defendant’s estate. A local news report described a fiery Florida head-on collision involving an Infiniti traveling the wrong way. The wrong-way driver slammed into a Chevy that was carrying a pregnant mother and her five children. The collision caused the Infiniti to burst into flames. Two people inside the Infiniti died upon impact; however, the pregnant mother and her children survived the accident.
In cases like this, Florida’s law clarifies that a cause of action does not die with the person. However, the cause of action may be inadvertently extinguished if the party seeking recovery does not comply with the state’s procedural rules. The statute governs situations where the party dies pending litigation and before litigation begins.