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Florida Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death for Florida on
Q: What are survivors entitled to if they win a wrongful death claim?
Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Dec 12, 2018

The damages or enumerated in the statute and does it depends on the survivors relationship the amount of dependency whether there was financial support or just emotional support. If there is a potential lawsuit or claim against somebody for causing the death and there are dependent spouse minor... View More

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6 Answers | Asked in Wrongful Death for Florida on
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?

David Hughes Harris
David Hughes Harris
answered on Nov 26, 2018

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...
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2 Answers | Asked in Wrongful Death for Florida on
Q: My wife never woke up from a surgery where she was under general anesthesia. The hospital says they're not liable

because the anesthesiologist was an independent contractor. Is this true?

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 12, 2018

You should discuss this case in private with counsel here in Florida.

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1 Answer | Asked in Wrongful Death for Florida on
Q: Can a fiancé sue for wrongful death or does it have to be a spouse?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 25, 2018

No, the fiancé would not have standing to sue.

1 Answer | Asked in Wrongful Death for Florida on
Q: Are we able to sue the company and also a person who worked there too in a wrongful death claim?
Nicholas I. Gerson
PREMIUM
Nicholas I. Gerson
answered on Sep 26, 2018

Yes. If you have more questions please call my office. 877-475-2905.

1 Answer | Asked in Wrongful Death for Florida on
Q: My brother's wife is filing a wrongful death lawsuit -

- are we able to be a part of it? We don't think she should get all the money.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 14, 2018

Get a consultation with an attorney in your area who does probate law.

1 Answer | Asked in Wrongful Death for Florida on
Q: Who is authorized get the medical records for my Mother that just passed? We want to see if we have a case.
Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

Her spouse may. Technically, the executor of the estate. So an estate may have to be opened. If one isn't opened already, it makes sense to speak with a member of the Fla Justice Assn who handles medical cases to see if there's even a likely case anyone would take. They are expensive and... View More

1 Answer | Asked in Civil Rights and Wrongful Death for Florida on
Q: While being evicted from your home can you ask for privacy to the police and go to the room to change clothes?

Does the police leave you alone so you can change clothes and use the bathroom before leaving the house? This tenant was allowed to go change clothes while being evicted, locked the room and took time to make a note, etc. Tenant ended up taking his life.

Charles M.  Baron
Charles M. Baron
answered on Aug 20, 2018

Answer to first question: of course, the tenant can ask the police whatever he wishes. Answer to second question: the police have the discretion to give the tenant permission to change clothes and go to the bathroom, and, in this situation, will likely give that courtesy, as the tenant has... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: What's the statute of limitations for bringing a wrongful death suit in Florida?
Charles M.  Baron
Charles M. Baron
answered on Aug 3, 2018

Two years to file the suit. Of course, it's best to start any case as soon as practical. Also, if you're talking about wrongful death due to medical malpractice, there are pre-suit notice requirements.

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1 Answer | Asked in Wrongful Death for Florida on
Q: My dad had a wrongful death in prison and I won a lawsuit against the prison. Do i have to share with my half siblings?

When i reached out to each of them to share the lawyer fees, neither of them wanted to get involved or put money into the case. I am the one that did all the paperwork, communicating with attorneys, and paid for all the fees. It is in the state of Florida. In addition, my attorneys advised me that... View More

Anna Katherine Stone
Anna Katherine Stone
answered on Jul 25, 2018

Family members who may recover damages in a Florida wrongful death case include:

The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to...
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2 Answers | Asked in Wrongful Death for Florida on
Q: Can you file a wrongful death case against a taxi company that refused to transport a person to the hospital in time?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 13, 2018

You have not given enough details, but probably not.

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1 Answer | Asked in Wrongful Death for Florida on
Q: Can a wrongful death judgment be discharged in bankruptcy in Florida?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 15, 2018

Yes, in Florida or anywhere else in the United States. Bankruptcy law is federal law, not state law. For exemptions from discharge in bankruptcy, see 11 U.S. Code § 523 - Exceptions to discharge:

https://www.law.cornell.edu/uscode/text/11/523

A possible exception to the above...
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1 Answer | Asked in Construction Law, Personal Injury and Wrongful Death for Florida on
Q: Where does it state in Federal or FL law that homeowners are required to maintain pools in same manner they passed insp.
Tina El Fadel
Tina El Fadel
answered on Jun 7, 2018

There is not enough information in this question to answer it fully. If you are renting a property, maintenance of the pool should be listed in you Lease with who is responsible for it. If you do not return the leased property in the same condition you received it, minus some wear and tear, your... View More

1 Answer | Asked in Wrongful Death for Florida on
Q: Is there any pool safety requirements after final inspection of pool? Do requirements of building codes still apply?
David Hughes Harris
David Hughes Harris
answered on May 29, 2018

Generally, pools must be dual drain and have safety guarding (fence or alarm at doors/sliders onto pool deck) per federal and FL law. Even after a pool passes building inspection, access to the pool is an ongoing maintenance/safety issue.

1 Answer | Asked in Wrongful Death for Florida on
Q: Can i file a civil rights claim against a doctor for not. Respecting the hippa rights.

My mother was giving a medication that cause her to bleed out her mouth and nose pass away sudden cardiac arrest during treatment dyalisis the medication the doctor perscribe was unlicensed do he violate my civil rights by not Respecting the hippa form or the contract thats give permissions for me... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

Sounds like there is a possible medical case. Hipaa violations aren't something you can sue for but failure to allow access to medical records may be. Why not contact a member of the Fla Justice Association who handles medical cases--they give free consults.

1 Answer | Asked in Wrongful Death and Real Estate Law for Florida on
Q: So after a pool passes the final inspection the home owner is no longer required to have any safety barrier in place?

Like the ones listed in 515.29 of the Residental pool safety act on Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 15, 2018

Section 515.27 is the section which contains penalties, and it only applies at the time of inspection. However section 29 applies even after inspection, and such violation would probably be applicable in a civil suit if a death or injury were to occur.

2 Answers | Asked in Wrongful Death for Florida on
Q: My spouse was killed in a work-related accident. How long do I have to file a wrongful death claim?
Stephen Arnold Black
Stephen Arnold Black
answered on May 11, 2018

A detailed analysis would need to be explored before a strategy could be developed. Discuss in private with counsel here in Florida.

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1 Answer | Asked in Wrongful Death for Florida on
Q: Are there any penalties for filing bogus wrongful death claims just to harass a family?
Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

Misuse of process would be one. However any attorney who brought the cases may possibly have some responsibility as well.

1 Answer | Asked in Wrongful Death, Criminal Law and Juvenile Law for Florida on
Q: W/If a kid (under the age of 15) breaks into my home, and uses my easily accessible (not locked up) gun to kill himself?

Just a general question.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 9, 2018

Are you asking if you could be found to be liable for wrongful death? By "breaks in", I'm assuming that, in your scenario, the doors were locked. It's not likely, but in the event it does happen you should contact your homeowner's insurance company.

2 Answers | Asked in Wrongful Death for Florida on
Q: Both of my parents were killed in a terrible accident. Do I make two separate wrongful death claims or just one?
David Hughes Harris
David Hughes Harris
answered on Apr 3, 2018

So sorry to hear of the terrible losses you suffered. Unimaginable.

Each individual parent has his/her own estate. Accordingly, you would be appointed Personal Representative of each respective estate. And, generally, both estates could file a claim the same wrongful death civil...
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