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,...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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 ?
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.
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.
That question cannot be fully answered without more details, including relationships and ages, and the cause of death. In general, see Fla. Statutes Sections 768.16 - 768.26. If this is a potential case, seek a free consultation.
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...Read more »
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