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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27621
Experience:  Lawyer
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On January 9th 2015 my 22 yr old daughter who lived in

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On January 9th 2015 my 22 yr old daughter who lived in Florida was on her way home from work and was at a stop to take a left turn and was rear ended and pushed into on coming traffic and was hit by a school bus. She had no brain function and 4 days later I had to take her off of life support and she passed away. Now my question is the kid that rear ended her went to a hearing and the case was dismissed cause the citation was not worded right. I want to go for a civil suit against the parents and need to know how I go about doing that?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm very sorry for your loss. How awful.
You have the ability to file a wrongful death lawsuit against the parents and the child who was driving. A judgment in Florida is good essentially forever if it's renewed every 10 years, so you have time to collect the money. The fact that a citation was dismissed does not mean you can't win in a civil suit, because the burdens of proof are different. Think about the OJ case, where he was found liable for wrongful death after being acquitted of murder.
The way to start a case is to file a Complaint detailing what happened, what each party did that makes them liable (i.e., owning the car driven or not paying attention when driving). A Complaint is a short and plain statement of facts. It also states how much you're asking for as compensation.
Wrongful death cases can be complicated, because you have to show how much money your daughter would have made throughout her lifetime if she had lived. There are amortization tables used to do that. You also have the ability to ask for compensation for funeral costs and the suffering your daughter had to experience before she died. Any local attorney can help you figure out an appropriate amount to ask for. Also, the plaintiff in a wrongful death case is the estate of the deceased person, and a lawyer can help you set that up.
Most lawyers take these cases on contingency, which means that you only pay when the case is won. For that reason, it's a good idea to talk to a few local attorneys to find someone you feel comfortable with. A good place to read reviews from prior clients is www.martindale.com.
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