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Florida Wrongful Death Questions & Answers
2 Answers | Asked in Wrongful Death for Florida on
Q: Are survivors entitled to recover damages for their emotional distress? If so, is there a maximum amount?
David Hughes Harris
David Hughes Harris
answered on Mar 20, 2018

Qualified family members may claim such damages. There is generally no cap, unless against government agencies or other entities so designated by law.

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1 Answer | Asked in Wrongful Death for Florida on
Q: How does a court determine the amount of damages in a wrongful death action?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2018

You might start by looking at the Florida standard jury instructions, Section 501 (a) (2):

http://www.floridasupremecourt.org/civ_jury_instructions/instructions.shtml

2 Answers | Asked in Wrongful Death for Florida on
Q: Are public school teachers entitled to official governmental immunity in wrongful death cases?
David Hughes Harris
David Hughes Harris
answered on Feb 22, 2018

Yes and no. For purposes of this question, I will assume the incident occurs while the teacher is on-the-job (also known as "acting within the course and scope of employment").

For State law claims, the public school teacher receives limited "sovereign immunity" from...
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1 Answer | Asked in Wrongful Death for Florida on
Q: Is there a different damages cap in Florida for medical malpractice wrongful death versus a standard medical malpractice

claim?

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

Contact a member of the Fla Justice Assn who handles malpractice cases.They give free consults.

2 Answers | Asked in Car Accidents, Gov & Administrative Law, Traffic Tickets and Wrongful Death for Florida on
Q: My father was killed by a reckless driver and the agency (FHP) handling the case is negligent, what should I do?

It has been two years in Wakulla, FL and they have not sent us a final accedent report (only preliminary). One officer claimed the blood work was not back, another claims THC was found in defendant's blood. Defendant was pulled over, a few months after killing my father, for felony speeding... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Feb 6, 2018

You should have already and now need to consult with a personal injury attorney in the area where the accident occurred ASAP.

You can use the find a lawyer feature of this site to locate a personal injury / wrongful death attorney in the county or near the county where the accident occurred.

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2 Answers | Asked in Animal / Dog Law, Libel & Slander and Wrongful Death for Florida on
Q: Neighbor shot my dog dead in my yard

We know the perpetrator he came on to our property murdered our beloved dog when the police came they didn't do a damn thing. What can we do

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2018

Sue the neighbor in small claims court for the money value of the dog (which will be probably be much less than what the dog meant to you).

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2 Answers | Asked in Health Care Law, Probate and Wrongful Death for Florida on
Q: The Hospital Didn’t Put My Daughter Body In A Cooler They Left It In The Hallway For 30 Hrs Can I Sue Them ?

Her Body Swoll Very Bad , Had A Terrible Smell & Her Skin Had Turned Colors

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 23, 2018

Can you sue the hospital for failure to properly refrigerate the body? I doubt that you can prove any compensable damages, so no. Please accept my condolences for the loss of your daughter.

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1 Answer | Asked in Juvenile Law and Wrongful Death for Florida on
Q: If I'm 13 and I poison my father for hitting my mother (who has a restraining order) and hitting me can i go to jail?

he's been doing this since I was little and I really want him out of my life he is also cheating on my step mom and im too scared to call the cops again Because hes so big and scary and its just crazy and I cant take it

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2018

Don't you can go to jail. Call the Florida Coalition against domestic violence hotline 1800-500-1119. See if you can talk to a counselor to evaluate your options. You need a place to go to and for the state to protect you. That's not something the system is optimally set up to do.... View More

1 Answer | Asked in Wrongful Death for Florida on
Q: What if my stepfather dies from a wrongful death, and my mother(wife) files a suit, she pass who gets the settlement?

My stepfather died for wrongful death. My mother which is his wife passes away. Who is gets the settlement?

David Hughes Harris
David Hughes Harris
answered on Jan 16, 2018

If the surviving spouse was appointed Personal Representative ("PR") by the Probate Court, then a new PR must be appointed. Generally, the Estate's beneficiaries will receive settlement funds once the Estate's creditors are paid. You should check with the attorney handling the... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: My Question is Why when my mother's wrongful death case was settled my step father received the monies and I didnt

Case is in Florida - I was told that I have no rights as an adult child when the case was settled . However I am listed as a beneficiary in the probate along with my stepfather and the other creditors so I am confused.

David Hughes Harris
David Hughes Harris
answered on Jan 9, 2018

The Personal Representative (PR) appointed by the Court is in charge of the estate. If your stepfather is the PR, then he controls the Estate, but must act in good faith and fair dealing on behalf of the Estate. Adult children are typically beneficiaries, meaning they are eligible for distributions... View More

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2 Answers | Asked in Wrongful Death for Florida on
Q: Is it possible to sue the state itself for wrongful death or does it have to be an individual?
David Hughes Harris
David Hughes Harris
answered on Jan 2, 2018

Unsure of where your question is going. So, I'll give you a brief summary.

in the civil context, a wrongful death claim is brought by a court-appointed Personal Representative on behalf of the decedent's estate against a person or entity (private or public) for damages (financial...
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3 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can a sibling of a car accident victim resulting in death sue the responsible party

My sibling was the caretaker of my mother. It is becoming a financial burden to me and will become a greater burden in the futrue to take care of my mother across state lines

There are police reports with eye witnesses and it has be ruled that the party driving was at fault. They were drag... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2018

I would think that your mother's lawsuit would enable her to recover for the wrongful death of your sibling. She should ask her attorney. But, if so, it seems that would bar any wrongful death recovery for you; when she prevails she would recover for her care with no additonal expense to you.

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2 Answers | Asked in Wrongful Death for Florida on
Q: Can you sue a doctor who missed diagnosing a medical condition that your spouse later died from?
David Hughes Harris
David Hughes Harris
answered on Dec 21, 2017

Yes. Consult an attorney experienced in medical malpractice to discuss the specifics of your circumstances. Do not delay as there are time limits.

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3 Answers | Asked in Wrongful Death for Florida on
Q: Can I sue for wrongful death if a doctor signed off on the wrong cause of death
David Hughes Harris
David Hughes Harris
answered on Dec 1, 2017

A wrongful death claim in Florida is a claim against a person/company who/which is legally responsible for causing (in whole or in part) a family member's death. It is focused on recovering damages for for act or omission causing death

An incorrectly listed cause of death upon a death...
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1 Answer | Asked in Wrongful Death for Florida on
Q: What types of damages can people recover from a wrongful death suit?
Peter N. Munsing
Peter N. Munsing
answered on Nov 15, 2017

The claim is brought by the estate but the damages are somewhat technical and the best bet is to consult a member of the Fla.Justice Assn in the county where it happened--they give free consults. The damage issues are the loss of earnings if any, the medical expenses, the loss of companionship and... View More

1 Answer | Asked in Wrongful Death and Medical Malpractice for Florida on
Q: Hired a lawyer in NY to take on wrongful death case almost 1.5 years ago. I now live in FL and received a letter from

this lawyer basically stating he cannot win this case. My question is this: Can I hire a lawyer from FL to work with locally or do I need to work with one from NY remotely because of any jurisdiction issues?

Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

First, get a full explanation of why it's unwinnable. Makes more sense to hire an attorney in New York. Ask for a copy of the entire file. Contact a member of the NY State Trial Lawyers Assn --they give free consults. Consult in person--maybe part of the problem is you did everything long... View More

1 Answer | Asked in Wrongful Death for Florida on
Q: I saw my best friend get hit and killed by a car that ran a red light while we were walking together in the crosswalk.

Can I sue for emotional distress?

Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

Talk to a member of the Fla Justice Assn--they give free consults. Generally, only immediate family can sue under those cirucmstances, but Fla law may be different. If you need therapy, your automobile medical coverage may pay--ask the lawyer about that.

2 Answers | Asked in Civil Litigation, Juvenile Law and Wrongful Death for Florida on
Q: Is there any situation in Florida law where the age of majority would be considered to be 25 years of age?

Has to do with a fatality in a careless driving case - the fatality was a 22 year old but is referred to on the summons as a minor child -

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 4, 2017

No, 18 is the age of majority. The person have died may have been legally incapacitated, but that wouldn't make him or her a minor.

I suspect that the caption in the summons contains a typographical error. Either that, or whoever drafted the summons believed that the person was a minor.

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1 Answer | Asked in Wrongful Death for Florida on
Q: My grandma was a smoker - she died recently. Can we sue the tobacco companies?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 29, 2017

I assume she died of a tobacco-related illness? Google "tobacco lawsuit"; apparently there are law firms who specialize in that sort of litigation.

1 Answer | Asked in Criminal Law and Wrongful Death for Florida on
Q: How can I petition the judge for evidence presented to grand jury? I know all wasn't presented.

My p.i. through 911 recordings can prove premeditation in the murder of my husband. The Sao said they chose to stick with evidence already presented. The murderer is a county employee and friends with numerous officers involved in the investigation. My husband was unarmed, and called up by the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 5, 2017

Contact a member of the Florida Justice Assn who handles death claims. They give free consultations.

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