Q: If the state of Florida plans to charge the individual who ran over and killed my wife with a DUI, can I still file a
wrongful death claim or do I have to wait until the criminal matter is resolved?
A: So sorry to hear about your loss.
Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle claims, and file lawsuits in connection with a wrongful death.
A: So sorry to hear about your loss. You can file suit despite that the criminal case has not begun. Retain counsel here in Florida on contingency fee. Contingency fee means you don’t pay anything unless the case is resolved successfully. Good luck.
A: Yes, you can move forward with the suit, however you will need a Florida attorney to assist you as these cases are quite complex and full of pitfalls. A personal representative will likely need to be appointed by the courts.
Call a Florida personal injury attorney to schedule a consultation. Most, like our firm offer free consultations.
A: If your spouse was killed by a driver who was under the influence you should immediately seek out the assistance of an attorney to help investigate the Facts, prepare a case, and see if there are others who may be held responsible and all insurance companies involved where you may look too for a recovery. There’s no necessity or reason to delay further preparing and investigating and seeking the assistance of a council and you should not be personally filing Pro se wrongful death action with out seeking assistance of an attorney. There is no actual recognize civil cause of action called wrongful death it’s all based or premised upon negligence or other torch or other legal theories of liability including some statute
There’s also a difference between presenting a claim of wrongful death to an insurance company versus filing a lawsuit which you would call a wrongful death action.
A: Yes, the appointed personal representative of the estate (which I assume would be you) can file - and a lawsuit must be filed within 2 years of the date of incident, unless first settled with the insurer after presentation of a prelitigation claim. The police investigation may, and probably will, turn up useful evidence to support a civil claim, but their investigation materials won't be available to you until their investigation is closed. The personal representative's attorney will determine the best strategy.
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