Ask a Question

Get free answers to your Wrongful Death legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Wrongful Death Questions & Answers
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.

2 Answers | Asked in Car Accidents, Elder Law, Personal Injury and Wrongful Death for Florida on
Q: Can my elder Mom be held liable if someone driving her car is in an accident?

A contractor worker for my Mom has befriended her and been very helpful to her, with my sister and I living far away. She has allowed him to take the car to his home and take her places when she calls ahead. My concern is who is driving the car when he has it. If he were to let uninsured folks... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 25, 2017

Yes you have a dangerous situation. Under Florida law the owner and the driver of a vehicle is liable for any accident involved.

Not sure how you fix the situation from the distance you are but you try to stop this person from driving the car.

Good luck.

View More Answers

1 Answer | Asked in Wrongful Death for Florida on
Q: Can a sibling sue another sibling for wrongful death of a parent?
Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

Yes.Why not contact a member of the Fla. Justice Assn--they give free consults.

1 Answer | Asked in Wrongful Death for Florida on
Q: In florida how old do you have to be to get the money awarded to you from a wrongful death suite.
David Alan Wolf
PREMIUM
David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 23, 2017

This is a fairly general question. I assume that this question relates to the surviving child of a parent who died as a result of a wrongful death. In most states, the money awarded to a minor needs to be protected in some manner in a guardianship or an annuity prior to the time that the person... View More

2 Answers | Asked in Wrongful Death for Florida on
Q: Do you have to make a police report to file a wrongful death lawsuit?
Daniel Marc Berman
Daniel Marc Berman
answered on Jul 7, 2017

That question really cannot be answered without considerably more facts. You really need to consult with an attorney regarding this case. You should not attempt to handle this on your own.

Daniel Berman

954 764-6099

View More Answers

1 Answer | Asked in Wrongful Death for Florida on
Q: My spouse died of cancer and I was part of a class action suit. I was told I would be the sole beneficiary.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 16, 2017

I assume the class was composed of plaintiffs (persons suing for damages). If so, you would not be the sole "beneficiary", but all of the class members (or a specific portion of them) would benefit in the event the class action lawsuit was successful.

In any event, what is your question?

1 Answer | Asked in Wrongful Death for Florida on
Q: If someone is charged with murder can they be charged with wrongful death too?
Peter N. Munsing
Peter N. Munsing
answered on Jun 9, 2017

Wrongful death is civil and yes they could be sued. Murder is a criminal case.

2 Answers | Asked in Wrongful Death for Florida on
Q: My son has passed away and I'm not allowed to see my grandchildren.Do I have any rights at all in Florida.

My son was suicidal his girlfriend took him to the clinic and told no one there that he was ..But told all his friends that he was days prior to going to clinic..Can she be held liable for his death.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 25, 2017

She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.

But you very well may have a right to see your grandchildren (minor...
View More

View More Answers

2 Answers | Asked in Wrongful Death for Florida on
Q: Can lifeguards be sued in the event of a public beach drowning?
Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 14, 2017

Who can be held responsible in a drowning is a detailed analysis. Technically, lifeguards have a duty to save swimmers, if they can. You might sue the town or lifeguards if they breach a duty, BUT, you need to speak with an attorney about the facts.

View More Answers

2 Answers | Asked in Wrongful Death and Probate for Florida on
Q: My brother was murdered in Louisiana i have his death certificate which i ordered and finally received and he has a

Account with chase bank what do i need to do to be able to close his account

Peter N. Munsing
Peter N. Munsing
answered on Apr 4, 2017

If he was living in Louisiana you may have to have his estate opened because if he has property but didn't designate on the account who it would go to it has to go through the court process and you have to notify all heirs etc.

Start by asking Chase what they need.

View More Answers

1 Answer | Asked in Wrongful Death for Florida on
Q: How do they determine how much money you get in a wrongful death case?
Peter N. Munsing
Peter N. Munsing
answered on Mar 31, 2017

Depends on your individual statute. The lawyer you have can tell you. If you don't have one, contact a member of the Fla. Justice Assn--they give free consults.

1 Answer | Asked in Wrongful Death for Florida on
Q: Is there a maximum amount of money you can get in a wrongful death case?
Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

I don't believe Florida has limits, but first you need to determine if you have a case. You should contact a member of the Florida Justice Association---they give free consults.

1 Answer | Asked in Wrongful Death for Florida on
Q: The hospital in dothan al give me notorized records of the activity my dad went through before he had the tube pulled on

Him the hp told me to take what they gave me to police i did they laugh do nothing not evedn read it my dadwas murdered by caretaker what do i do

Peter N. Munsing
Peter N. Munsing
answered on Feb 22, 2017

Contact a member of the Fla. Justice Assn to see if you have a case.

1 Answer | Asked in Wrongful Death for Florida on
Q: I want to file a wrongful death claim on behalf of my partner. We've been together over a decade but never married.

Is that going to be a problem?

Peter N. Munsing
Peter N. Munsing
answered on Feb 1, 2017

Yes. Under most states law there is no common law marriage. You have zero rights unless married with the exception of any insurance policy where you were designated beneficiary. If there was a will and you were designated beneficiary you may possibly have a right to bring suit. Why not call a... View More

4 Answers | Asked in Wrongful Death for Florida on
Q: If my husband was killed by a car airbag that deployed without reason and I subsequently receive a recall notice about

the airbag after his death, can I still sue for wrongful death since we weren't notified of the danger early enough?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2017

You have a claim for wrongful death as a result of what is likely a product defect. You should, if you have not already done so, contact a law firm which concentrates on personal injury, as soon as possible. But yes, it is possible that the recall notice will help your case.

View More Answers

1 Answer | Asked in Medical Malpractice and Wrongful Death for Florida on
Q: florida has a tort reform that basically handcuffs families if there loved one died from malpractice or wrongful death.

Is there any other options like mediation or arbitration?

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

No, but if you haven't already speak with a member of the Florida Justice Assn--they give free consults.

The law is that way because doctors organized and lobbied. If you think the law doesn't give justice work with others to lobby, to change the law, as a memorial to your loved ones.

1 Answer | Asked in Wrongful Death for Florida on
Q: Can I sue for both wrongful death and emotional distress if my spouse's death mentally traumatized me?

Or do I have to pick one or the other?

Peter N. Munsing
Peter N. Munsing
answered on Dec 13, 2016

Your distress as grief is compensable. Emotional distress may be or may not be something to introduce depending on the diagnoses and your previous history. However, the case is significant and you should be asking these questions to a member of the Florida Justice Assn--they give free consults.

2 Answers | Asked in Wrongful Death for Florida on
Q: Can you recover punitive damages in a wrongful death action?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 16, 2016

Possibly.

View More Answers

2 Answers | Asked in Wrongful Death for Florida on
Q: I'd like to sue for wrongful death on behalf of my brother who died. He lived in another state though.

Do I sue in the state he lived in or in the state I live in?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 29, 2016

I assume that he died of injuries sustained in some sort of accident or otherwise tortious behavior on the part of someone else. You would sue in the state where he was killed or where the other party is located.

View More Answers

1 Answer | Asked in Estate Planning and Wrongful Death for Florida on
Q: Is it best to add both parents to an estate once their child was killed and is expecting a settlement?

My brother was killed last Nov by the police. My family is now fighting to get a settlement. My mom took care of my brother who has mental issues. She was advised by the family lawyer that an estate lawyer need to be appointed and that it will be best to add my father to the Estate is this true.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 1, 2016

Yes, the estate should have its own attorney, and that attorney should be different from that of your father.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.