Q: In florida can I request an autopsy of my mother since I'm next of kin. There are legal reasons behind the matter
My mother was brutally beaten by her husband now ex. This took place less than a year ago. My mother was very healthy until he had beaten her and she was hospitalized. She had neurological damage, bleeding of the brain etc. I want to have an autopsy done to find the cause of death so that if it was an injury from her being beaten that caused it I would like to see justice served. The medical examiner is giving me a hard time about doing it. Is it my legal right to request it what can I do time is out
A: First, I would file a police report with the local agency who investigated the assault to put them on notice that your mother has died and you believe that it was caused by the first assault. There is a year and a day rule that most jurisdictions follow that establish that if a death occurs within one year of assault, then the crime of murder could be prosecuted against the assailant Who committed the assault. Secondly, I would put the medical examiners office on notice of the assault And provide them with any evidence showing that you feel the death resulted from that previous assault. Finally, I would also hire an attorney here in the state of Florida on contingency fee, to investigate and possibly pursue a claim for wrongful death against the perpetrator and or other parties that new or should’ve known of the dangerous condition of your mom’s boyfriend and failed to take steps to prevent the assault.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.