Atlanta, GA asked in Domestic Violence and Wrongful Death for Florida

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

1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

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.

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