South Florida Personal Injury Lawyers Blog
If someone you love was struck and killed by a driver who then fled the scene, you may feel overwhelmed by grief and uncertainty. Florida law offers clear paths to civil remedies even when authorities have yet to identify the suspect.
Recent reporting on a fatal hit-and-run in northwest Miami-Dade underscores the legal risks and possibilities for families in similar situations. Passersby discovered the victim near Seventh Avenue and 115th Street in the early morning hours. The driver reportedly abandoned the vehicle and fled on foot. Authorities continue searching for the suspect, while surviving family members now face the long process of pursuing civil justice.
How Florida Law Protects Families After Fatalities Involving Fleeing Drivers
Florida negligence laws allow wrongful death claims when unintended harm results from another party’s dangerous behavior. In hit-and-run cases, the driver’s decision to flee rather than render aid can reinforce the severity of civil liability. You can seek compensation for funeral costs, lost income, emotional trauma, and loss of companionship, even if no criminal charges are currently pending.
These claims hinge on whether the driver owed a legal duty, breached it through careless conduct, and caused death. Fleeing the scene suggests a failure to fulfill post-accident responsibility. A civil claim may proceed independently of a criminal investigation and may involve insurance claims under your own uninsured/underinsured motorist policy.
Effective Strategies to Strengthen a Wrongful Death Claim
Strong civil claims begin with solid evidence gathering. Preserve medical reports and the official crash report. If witnesses provided statements or a vehicle description, those details help. Any surveillance footage, even from nearby houses or businesses, may capture the incident or the suspect’s vehicle.
Prompt expert input is essential. If roadway design or hidden hazards contributed, an engineer’s reconstruction can establish contributory fault or share of liability. Florida’s contributory negligence rule can bar recovery entirely if the pedestrian is found even partially at fault. Your lawyer must scrutinize the scene carefully.
Understanding the Difference Between Survivor and Wrongful Death Claims
Florida law recognizes two distinct types of civil actions when a person dies due to negligence: survivor claims and wrongful death claims. While they both arise from the same incident, they serve different purposes and benefit other parties.
A wrongful death claim allows surviving family members, typically a spouse, children, or parents, to recover damages they suffer because of the loss. These damages can include funeral expenses, emotional distress, loss of companionship, and lost future income. The personal representative of the estate must bring the claim, but the proceeds go to the eligible surviving relatives.
By contrast, a survivor claim addresses the harm the deceased person experienced before passing. That includes medical bills, lost wages between the injury and death, and pain and suffering. These damages become part of the estate and are distributed according to the will or intestacy laws.
In many cases, both types of claims are filed together in one lawsuit. However, understanding the distinction helps ensure your legal team pursues full and appropriate compensation under each theory.
What Family Members Should Do Immediately
Do not delay in contacting legal counsel. Critical evidence, like accident scene data or witness statements, may disappear with time. A wrongful death claim can move forward even before law enforcement resolves the criminal case. You may also have access to compensation through your own insurance policy, regardless of fault.
Your lawyer can send immediate preservation demands, begin investigating potential liability of third parties, and help coordinate funeral expenses. That support provides structure while you process loss and transition into the legal phase.
Discuss Legal Options with a Dedicated Injury Law Firm
If a close family member was killed in a tragic hit-and-run, you deserve accountability. Florida law allows compensation when negligence or reckless conduct leads to loss, even if charges are not filed. Your legal team should act quickly, gather critical data, and navigate both civil and insurance claims.
Call Friedman Rodman Frank & Estrada at (305) 448-8585 for a free and confidential consultation. We will review your case, explain your rights, and support your family through this difficult time.