A student pilot and a Federal Aviation Administration (FAA) designated pilot examiner were both tragically killed during a training flight when the plane crashed shortly after takeoff from Daytona Beach International Airport. Witnesses to the fatal accident made emergency calls just before 10:00 am, stating that they saw one of the plane’s wings or a piece of the aircraft fall off of the plane before it crashed. The aircraft involved in the crash was an Embry-Riddle Aeronautical University plane. According to news reports, it was the first fatal crash in this century involving an Embry-Riddle plane. The student pilot was a Navy veteran. The FFA identified the plane as a Piper PA-28, a small single-engine aircraft with low-mounted wings. It is one of four types of aircrafts used in training flights by the students. According to Embry-Riddle, there are as many as 400 flights departing and arriving daily at Daytona Beach International Airport. The agency’s investigation thus far noted no distress call was received before the airplane went down in a nearby field.
Daytona Wrongful Death Claims
A wrongful death claim is a lawsuit filed in civil court – as opposed to a criminal case – when a party’s wrongful act or negligent behavior causes the death of another. Under Florida law, the deceased person’s estate can seek damages for the wrongful death. That being said, there are specific individuals who can bring a wrongful death claim in Florida. State law requires the personal representative of the deceased person’s estate to file the wrongful death claim. This person may be named in the deceased’s will or estate plan. If the person dies intestate – or without a will or estate plan – the court may appoint a personal representative. The wrongful death claim is filed on behalf of the deceased’s surviving family members and must list every survivor who has an interest in the case. Under Florida law, the family members who may recover damages in a wrongful death lawsuit include:
- The deceased’s spouse, children, and parents; and
- Any blood relative, as well as any adoptive sibling, who is partially or wholly dependent upon the deceased for support or services.
If a child is born out of wedlock, the child may still recover damages in a wrongful death case involving the death of his or her mother. If the deceased is the father, however, the child can only recover damages in a wrongful death claim if the father previously formally recognized the child as his own and was obligated to contribute to support the minor child.
Witnesses to the fatal accident made emergency calls just before 10:00 am, stating that they saw one of the plane’s wings or a piece of the aircraft fall off of the plane before it crashed.
To consult with an experienced air accidents lawyer today, call 855-686-6752
Wrongful Death Attorneys in Daytona Beach
The wrongful death of a loved one is a devastating tragedy that no one should endure. Surviving family members should be focusing on the mourning process instead of trying to figure this out on their own. If someone you care about has lost their life due to the wrongful or negligent behavior of another, contact the accident attorneys at Bogin, Munns & Munns. Our lawyers have fought for the rights of victims and their families for more than 35 years. To schedule your free personal injury consultation with a wrongful death attorney at one of our Central Florida locations, click here.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.