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Florida Wrongful Death Questions & Answers
1 Answer | Asked in Products Liability and Wrongful Death for Florida on
Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

Michael  Mayoral
Michael Mayoral
answered on Apr 7, 2021

This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... View More

2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron
answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... View More

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1 Answer | Asked in Wrongful Death for Florida on
Q: As beneficiaries, do we have tights to my mother’s portion of my stepdads mesothelioma death lawsuit if she passes?

I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 22, 2021

If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... View More

1 Answer | Asked in Wrongful Death and Animal / Dog Law for Florida on
Q: Can I sue the vet for malpractice?

The first vet said my cat had an infection. I had to take him back about 5 times. He just gave him more antibiotics. It getting worse. Several spots were on him. The vet told me he couldn't do any more for my baby. Another vet referred me to a reputable vet. I took him. She said I should have... View More

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 27, 2020

Yes, check out Joey’s Legacy on Facebook for resources in Florida.

2 Answers | Asked in Criminal Law, Federal Crimes and Wrongful Death for Florida on
Q: If i plead guilty to sales and being investigated for a death resulting will they charge me if i plead out to the sales

I have been being investigated for a year now for a death resulting. I havent plead guilty to my sales charges from a year ago because im afraid if i do they are going to charge me with the dealth resulting. Im doing so good now and just had a baby and have been sober for a year and did lots of... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2020

Your case is in New Hampshire, but you posted this inquiry to Fla. attorneys, who cannot advise you unless they happen to be a member of the New Hampshire Bar. In any event, this is definitely not an issue that you can get an answer to from any attorney, anywhere, simply by posting an on-line... View More

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2 Answers | Asked in Wrongful Death for Florida on
Q: My father had a massive heart attack at Fort Lauderdale international Airport and they had no defibrillators at the time

I’m wondering what the statues of limitations are in Florida this happened in 03 And now that we are through the grieving process is there anyway that we can Go after them for a wrongful death Lawsuit

Daniel Marc Berman
Daniel Marc Berman
answered on Sep 22, 2020

If this happened in 2003 unfortunately you are well beyond the Statute of Limitations.

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1 Answer | Asked in Wrongful Death for Florida on
Q: What's it mean when they tag on "life felony" to a charge ?

Some guys broke into my house to rob me and my fiance and shot and killed him in the mix,

And now they've dropped there charges down from First Degree Premeditated Murder to Second Degree Murder Life Felony .

And I was wondering what life felony means? Does it mean they would... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 20, 2020

It’s probably a distinction without a difference. Both murder 1 and felony murder carry a life sentence. The felony murder rule states that if any death occurs during the commission of a dangerous/violent felony then all the actors involved will go down for murder 1. Aside from the criminal case,... View More

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

No insurance on either vehicle , multiple people involved (driver of car no license and under the influence driving another person's car no insurance. ) (driver of motorcycle my daughter was a passenger on driving a friends motorcycle no insurance or endorsement for either driver)and owner of... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 9, 2020

Why are you asking this question if you currently have a lawyer? Are you doubting something that your lawyer told you, and if so, why? If a family member of a driver owned the vehicle being negligently driven, that family member could be held liable. If found liable with a money judgment... View More

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1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: What can i do about my dog being put to sleep without my consent?

I ask my family members in Kissimmee, Florida to see if they can watch over my dog while i completed my tour in Korea. I gave them my dog September 2018 and is being over 1 yr. Apparently my dog was playing with their little yorkie and my dog she is american bulldog. So while fighting over a toy... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 25, 2019

Regarding the issue of pressing a criminal charge (such as destruction of personal property), that is a question for the local law enforcement authorities. Regarding the issue of seeking money damages from the shelter and/or from family member(s), you do have potential claims there, though... View More

2 Answers | Asked in Child Support, Family Law and Wrongful Death for Florida on
Q: Can a wrongful death settlement be garnished by the court for child support arrearage?

My oldest daughter was killed 6 months ago when she was crossing the street and hit by a drunk driver. The driver only had state required Insurance which pays 10,000$ to the next of kin for wrongful death. Because I'm her mother I'm her next of kin and receiving the wrongful death... View More

Spencer Aronfeld,
Spencer Aronfeld,
answered on Sep 9, 2019

This question is outside my area is specialization as a personal injury lawyer. You need to consult with a family law attorney.

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2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on
Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

My question is.. My dad was married, but separated for close to or over a decade or so... His wife claims to have no time or wanted to take time to deal with his funeral arrangements with cost or anything...

Does Florida law prevent his kids from being in first control of everything when... View More

David Hughes Harris
David Hughes Harris
answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was...
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1 Answer | Asked in Wrongful Death for Florida on
Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.

The WD attorney reached a settlement but now the funds are sitting in the Estate account. We are trying to close out Probate but feel there should be an allocation to the survivors and an allocation towards medical expenses. We feel that the allocation of funds to the survivors should not be part... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2019

Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: I had 2 dogs that I rescued kept them at a my mothers house for over 2yrs I rescued them 7-8 yrs ago I lived with my fa

family member called animal control had dogs removed without notifying me... they are gone. im54 don't have kids I live in arcadia florida went to sheriffs office they said I cannot press charges against them I have over 3,000 dollars invested in them shots ,food and the time I spent with... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 14, 2019

Animal control, in most jurisdictions, won't pick up pets unless they've been abused or neglected, not simply because someone calls and says, "I don't want my pets anymore." Don't know if that's the case here, but your first step is to contact animal control to... View More

3 Answers | Asked in Car Accidents, Personal Injury, Probate and Wrongful Death for Florida on
Q: How do I locate a frugal lawyer for filing court docs (Administration Letter) without opening up a whole probate case?

I need assistance to file a summary or letter of administration in Pasco county, Hudson, FL. for an inexpensive fee. There really is no estate, only a wrecked motorcycle, and an insurance claim for the motorcycle of >$4,500. For the past 4 years, my uncle resided rent-free, at my property in... View More

Griffin Klema
Griffin Klema
answered on May 3, 2019

I suggest contacting a legal aid clinic. They often are able to help with cases like this. Since you're in Pasco County, Bay Area Legal Services might be able to help. Good luck.

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5 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: What can a widow and child collect for death of husband and father who was killed in a car accident

Car made illegal Uturn in path motorcycle

David Tapalian
PREMIUM
David Tapalian
answered on Mar 15, 2019

As an attorney licensed to practice law in Florida, Rhode Island and Massachusetts, we can help you. A lot of the information that we need to assist you in determining your case, is very fact intensive and private. There are a lot of factors in answering this question. Some of them include, the... View More

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2 Answers | Asked in Wrongful Death for Florida on
Q: Can I wait to hire a probate attorney in a pending wrongful death case? Probate is open and no assests unless we win.
David Hughes Harris
David Hughes Harris
answered on Mar 3, 2019

So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin

My mom died from her injuries in the accident. The driver was driving his moms car he had not had a license in 15 years. He was arrested that night and is now charged with 11 felonies. he is going on trial in April. Because it was his moms car can I sue his mom for her home in maryland and can I... View More

Gregg M. Hollander
Gregg M. Hollander
answered on Feb 18, 2019

I'm so sorry to hear about your loss. Please accept my condolences.

The answer to your question is just not that simple. First, where did the accident happen? If it happened in Florida, the owner of the at-fault vehicle is considered primarily responsible and can be sued as long as...
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2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

Wanting to file malpractice lawsuit for her death and was told her husband would be the only one able to do so even tho he’s nothing to her 3 kids and was also the enabler for her problem why would he deserve this over us ?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 31, 2019

I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.

All is not lost, however. If the spouse...
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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Dec 26, 2018

The claim is the same and is about and based upon a finding of medical negligence. The death act speaks to damages available. Thus any attorney will know to comply with medical malpractice presuit requirements and make a claim of negligence if supported by an expert medical opinion.

The...
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