Florida Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident

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Multi-State
Control #:
US-PI-0276
Format:
Word; 
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Description

This form is a sample complaint for use in a personal injury case involving a train-automobile collision resulting in the death of the driver of the automobile.
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  • Preview Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
  • Preview Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
  • Preview Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident
  • Preview Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident

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FAQ

Under the 2019 Florida statutes, the statute of limitations for wrongful death is within two years of the date of death for most cases.

Under the wrongful death statute in Florida, the compensation from a settlement or jury award must be distributed equally among all beneficiaries. If the adult beneficiaries can come to an agreement on a specific plan for allocation, the court will generally honor that agreement.

In Florida, the statute of limitations on injury cases is four years from the date of the car accident, fall, or other incident that resulted in injury. However, in cases where someone's negligence results in death, close family members have only two years from the date of death to file a claim for compensation.

Some common defenses include: Expiration of the statute of limitations, where the plaintiff has filed their claim beyond the deadline and is now ineligible to recover. Comparative or contributory negligence, where the defendant alleges the decedent's negligence contributed to their death.

You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?

The simple answer is yes, you could possibly face a car accident lawsuit if you are found to be the at-fault driver. However, there are a few things that must be taken into consideration before a lawsuit can be filed, such as the extent of the injuries suffered and if there was negligence on your part.

In the state of Florida, only the personal representative of the deceased person's estate may legally file the wrongful death claim. The personal representative may be chosen during a person's lifetime and named in a will or estate plan, or may be appointed after death if the deceased left no will or estate plan.

The specific statute, section 768.19, entitled ?Right of Action?, provides that ?when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,? the estate of the deceased person can choose to file a lawsuit in civil court.

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Florida Complaint for Personal Injury and Wrongful Death Due to Train or Automobile Accident