According to WFLA, Channel 8 News, on August 11, 2017, 29-year-old Amber Perera lost control of her vehicle on Tampa’s Selmon Expressway resulting in the death of three people- two adults and one 8-year-old child.
Witnesses spotted Perera excessively speeding and tried to pass at least two vehicles when she lost control of her car. Investigators stated that Perera slammed into the back of a Hyundai occupied by the three victims, causing it to cross the grass median and into oncoming traffic. The vehicle then struck other vehicles and burst into flames.
Perera left the scene but was caught shortly after by local enforcement. She admitted to taking anxiety medications Lexapro and Ativan and after failing a field sobriety test, she was taken to the hospital to measure her blood alcohol content.
Although Perera faces multiple criminal charges- including DUI manslaughter – the surviving family members of the deceased may also have a civil case against Perera. This type of case is referred to as Wrongful Death.
What is a Wrongful Death Claim?
A wrongful death claim is filed when you lose a loved one due to the negligence of someone else. The cause of the death is the legal fault of another person. The claims can include fatal accidents of all kinds, from product liability, medical negligence, and car accidents similar to the case mentioned above.
The right to file a wrongful death lawsuit is a new concept as the Common Law did not have a law related to these types of cases. In the last century, the state and federal courts introduced wrongful death law and each state has adopted a wrongful death law of their own.
Who May Be Eligible a Claim?
According to the wrongful death act of Florida, the survivors of the deceased person may have a claim. The survivors can be:
- Parents
- Children
- Spouse
- Other blood relatives
- Adoptive siblings
How to File a Claim?
To file a claim, an estate must be set up on behalf of the deceased and the courts must appoint a personal representative to oversee the estate. The personal representative is the legal representative of the estate, who brings the wrongful death lawsuit. When filing a wrongful death claim, seek legal advice here at Brooks Law Group. Our attorneys have comprehensive knowledge and experience in dealing with such cases. Each state has a time limit to sue, which is “Statute of Limitations”. In Florida, the statute of limitations requires that the lawsuit is filed within 2 years of the wrongful action resulting in the death of the victim.
Why Should You Get Legal Help
Here at Brooks Law Group, we understand that losing a loved one unexpectedly is one of the hardest things a person must endure. When someone dies because of the negligence, wrongdoing or carelessness of others, the family may pursue wrongful death lawsuit.
To file a wrongful death lawsuit, call us 1-800-Law-3030. We, at Brooks Law Group, are prepared to stand by you and pursue the compensation you may deserve. You will not owe us anything until we recover compensation on your behalf. Our mission is to “provide best customer experience possible.” If you are near the Tampa area, we can help you with your legal needs.
