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Florida Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for Florida on
Q: Who allocates the Wrongful Death Settlement? Is it the Attorney handling the WD case or Probate attorney? This is in FL.

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... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2019

Why don't you ask the attorney who handled the wrongful death case? He or she can do probate if needed, or can refer you to another attorney.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: I had 2 dogs that I rescued kept them at a my mothers house for over 2yrs I rescued them 7-8 yrs ago I lived with my fa

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... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 14, 2019

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... View More

3 Answers | Asked in Car Accidents, Personal Injury, Probate and Wrongful Death for Florida on
Q: How do I locate a frugal lawyer for filing court docs (Administration Letter) without opening up a whole probate case?

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... View More

Griffin Klema
Griffin Klema
answered on May 3, 2019

I suggest contacting a legal aid clinic. They often are able to help with cases like this. Since you're in Pasco County, Bay Area Legal Services might be able to help. Good luck.

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5 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: What can a widow and child collect for death of husband and father who was killed in a car accident

Car made illegal Uturn in path motorcycle

David Tapalian
PREMIUM
David Tapalian
answered on Mar 15, 2019

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... View More

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2 Answers | Asked in Wrongful Death for Florida on
Q: Can I wait to hire a probate attorney in a pending wrongful death case? Probate is open and no assests unless we win.
David Hughes Harris
David Hughes Harris
answered on Mar 3, 2019

So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).

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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: I was involved in a very bad car accident in Maryland I am a Florida resident I was hit by a guy who was on heroin

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... View More

Gregg M. Hollander
Gregg M. Hollander
answered on Feb 18, 2019

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...
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2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

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 ?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 31, 2019

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.

All is not lost, however. If the spouse...
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4 Answers | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful

death claims?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Dec 26, 2018

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.

The...
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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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