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Florida Wrongful Death Questions & Answers
2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Florida on
Q: Can my civil lawyer sue family members of the person who caused my daughters death? Like tale their assets.

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 bike... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

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 »

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1 Answer | Asked in Animal / Dog Law, Car Accidents and Wrongful Death for Florida on
Q: My dog was killed by a car driven by a careless driver with only a speed of less than 5 mph. Chose drivr over hoa

Driver chose to drive over appeared intentional definitely cruel conduct.

History of doing this, multiple witnesses all willing to testify , hoa is aware of past that this person is a danger. Nothing done. Appears culpable negligence

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 4, 2019

What does the HOA have to do with it? If you believe a crime was committed, report it to the local law enforcement authorities.

1 Answer | Asked in Animal / Dog Law, Personal Injury and Wrongful Death for Florida on
Q: What can i do about my dog being put to sleep without my consent?

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 »

Charles M.  Baron
Charles M. Baron answered on Nov 25, 2019

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 »

2 Answers | Asked in Child Support, Family Law and Wrongful Death for Florida on
Q: Can a wrongful death settlement be garnished by the court for child support arrearage?

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 settlement. I... Read more »

Spencer Aronfeld, Esq.
Spencer Aronfeld, Esq. answered on Sep 9, 2019

This question is outside my area is specialization as a personal injury lawyer. You need to consult with a family law attorney.

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2 Answers | Asked in Family Law, Child Support, Probate and Wrongful Death for Florida on
Q: As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...

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 »

David Hughes Harris
David Hughes Harris answered on Jul 16, 2019

Sorry to hear of your loss.

An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps.

Please note that while your dad was "separated," Florida...
Read more »

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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... Read 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 them..... Read 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 ask the reason for the pick-up and... Read 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... Read 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
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... Read 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... Read 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 the...
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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 does not...
Read more »

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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
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?
Charles M.  Baron
Charles M. Baron answered on Dec 11, 2018

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.

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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...
Read more »

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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
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 risky.... Read more »

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