Back in March of 2012, three people lost their lives when an SUV slammed into the back of the car they were riding in. The car was stopped at a red light. The driver of the SUV admitted at the time of the accident that he was high on “spice,” or synthetic marijuana. At a criminal trial, the driver of the SUV received a 22 year sentence for vehicular manslaughter.
Just a few weeks ago, according to an article by the WCTV.tv, the families of the deceased initiated a wrongful death lawsuit against the driver of the SUV, the convenience stores that may have sold the driver the spice, and the manufacturer of the spice. The plaintiffs are alleging that, although the synthetic marijuana was legal at the time of the accident, the manufacturers and vendors should have known the effects of the drug.
Naming Parties in Florida Personal Injury Lawsuits
The plaintiffs in the above-mentioned case named two stores in their lawsuit – a Circle K and a local smoke shop. In fact, the plaintiff’s attorney mentioned publicly that the plaintiffs do not currently know which of the two stores sold the driver the spice. However, by naming both parties, the plaintiffs are making a strategic decision that may pay off down the road.
By naming both stores, the plaintiff tosses a broad net, ensuring that the store that actually sold the driver the spice was named in the lawsuit. Otherwise, if the plaintiff only named one of the stores and it turned out that the named store was able to prove that the spice was sold by another store, the named store would be dismissed from the case. This way, the plaintiff potentially saves time and headache down the road.
In some cases, not naming the proper parties to a lawsuit can result in the forfeit of a legal claim against that party.
Florida Civil Procedure Can Result in Waived Claims
The Florida civil justice system is fraught with opportunities for a pro se (unrepresented) litigant to make a misstep that may result in the waiver of a claim. In some cases, an error early on can result in an irreversible outcome that may greatly limit, or even prevent, a recovery by that plaintiff. To make sure that you do not suffer this fate, make sure to speak to an experienced Florida personal injury attorney.
Have You Been Involved in a Florida Accident?
If you or a loved one has been involved in a serious Florida accident, you should speak to an experienced and dedicated Florida personal injury attorney as soon as possible. The skilled attorneys at the Dean Law Firm know what it takes to effectively bring your Florida personal injury claim. By putting their clients’ needs first and foremost, the Dean Law Firm has developed a reputation for excellence among Florida auto accident attorneys. Click here, or call 352-387-8700 to speak with a dedicated personal injury attorney at the Dean Law Firm today.
More Blog Posts:
Fire in Miami Shores Nursing Home Forces All Residents to Evacuate, Ocala Injury Lawyers Blog, published February 4, 2014.
Elderly Woman Kills Three Backing Out of a Parking Space After Church, Ocala Injury Lawyers Blog, published February 3, 2014.