Losing a loved one is one of the most painful experiences in life. When the loved one is a child, the pain may be unbearable. This is the pain one Florida family is undergoing when the personal injuries their 9-year old son suffered in a truck accident turned fatal. Now, they are seeking damages for wrongful death.
In March 2012, the boy's parents did not know that when they put their son on the bus to school that morning, it would be the last day they saw him alive. According to a crash report, the driver of an elementary school bus was inattentive as he turned left, entering the path of a semitrailer rig driven by a 24-year-old Virginia man. Thirty students were on the bus at the time of the incident. There was one fatality in the accident, while 16 other young students were injured.
Now, the parents of the 9-year-old who lost his life that afternoon are filing a complaint against the driver of the semitrailer rig and the truck company for wrongful death. In addition, they are also suing the school district, which has 90 days to investigate and resolve wrongful death claims. The actions of the school bus driver are still under investigation, and he could still be charged criminally.
The complaint alleges that that the driver and the truck company were negligent in their actions that resulted in the crash. However, they are not currently facing criminal charges. In order for a court to rule in their favor on the wrongful death claim in Florida, the plaintiffs must prove that the family member's death was caused by the negligence of another. If they satisfy this, they may recover damages for funeral and medical expenses, as well as pain and suffering.
Source: TCPalm.com, "Family prepares lawsuits in fatal St. Lucie County school bus crash," Kelly Tyko, July 24, 2012