8 Dead and 10 Injured in Florida Van Crash

Date: March 30, 2015

Location: Moor Haven, Florida

Names: Esperent Lexine, Nozaire Nore

8 Dead and 10 Injured in Florida Van Crash

On Monday an overloaded church van ran a stop sign, crossed all four lanes of traffic and nosedived into a canal, killing 8 people and injuring 10 in south-central Florida.

The van was heading back to a church in Fort Pierce after a weekend convention in Fort Myers. Eighteen people were squished in a 15-seat-capacity van when it went down a 8-10 foot embankment and landed in the shallow water of the canal.

The male driver, four male and three female passengers were killed in the crash. Ten other passengers were taken to the hospital and four of them were in critical condition. A 4-year-old child, who was not in a car seat, is in serious condition from the crash.

The church pastor Esperent Lexine, 57, was injured in the crash suffering from internal bleeding. Nozaire Nore, 48, suffered a broken leg from the crash.

The driver didn’t notice a curve up ahead and couldn’t stop in time.

The crash is still under investigation.

We extend our condolences to the family and friends of the people who died and wish everyone involved a full and speedy recovery.

Oregon wrongful death claims are allowed under ORS 30.010-30.100, but the law is much more complicated than a normal accident case. First of all, the statute of limitations (SOL)(time limit on filing a claim) is different. For most car accidents, the SOL is two years, but for wrongful death, the SOL is “three years after the injury causing the death . . . is discovered or reasonably should have been discovered. . . .”

Additionally, there are limits on who can bring a wrongful death claim. The most common claimants are:

• Spouses
• Children (including stepchildren)
• Parents (including stepparents)

Less common claimants include:

• Grandchildren
• Siblings
• Grandparents

In a wrongful death case, you can ask for compensation for several types of damages such as:

• Charges for medical services;
• Charges for burial and memorial services;
• Compensation that the decedent would have been entitled to for disability, pain and suffering, and loss of income during the period between injury and death;
• Compensation for “pecuniary loss” to the decedent’s estate;
• Compensation for the loss of the decedent’s “society, companionship and services” to the decedent’s spouse, children, stepchildren, stepparents, and parents;

Punitive damages are allowed as well, but are rare in Oregon since the State takes 70% of punitive damages awarded. If you have lost a loved one, call a Portland wrongful death attorney for help in securing the compensation you deserve.