Lawyers, Answer Questions  & Get Points Log In
Florida Wrongful Death Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Medical Malpractice and Wrongful Death for Florida on
Q: My father is in ICU in Orlando FL due to covid. He has been in ICU and on a ventilator since 8/28. He has a DNR, but n

But no living will or advance directive. They took him off sedation 3 days ago, and have called us to tell us he has lesions on his brain and that they “believe” he’s brain dead. But when asked the doctor cannot say for certain he sees brain damage. Today is Sunday 9/26. They want us to agree... Read more »

Linda Liang
Linda Liang answered on Sep 27, 2021

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... Read more »

2 Answers | Asked in Wrongful Death for Florida on
Q: How get charged murder if was if was beat death

How shoot gun knocked out

Charles M.  Baron
Charles M. Baron answered on Jun 18, 2021

Your inquiry is not understandable. Perhaps you should get someone to help you type your question.

View More Answers

1 Answer | Asked in Elder Law, Wrongful Death, Legal Malpractice and Medical Malpractice for Florida on
Q: A doctor at Memorial hospital discharged my aunt in worse condition. Prepaid cemetery plot is no longer available.

The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 16, 2021

You have asked two entirely different questions:

1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.

2) You might also want your attorney to review the contract between your family...
Read more »

1 Answer | Asked in Wrongful Death and Real Estate Law for Florida on
Q: HOA - No liability insurance / money / road maintenance. Negligence accident on road - property owners liable?

October 1981 Subdivision recorded. Private Roads. Plat dedicates use of roads to Property Owners. No language on plat transferring Developer road interests to anyone. No HOA mentioned on record plat. Separate "Declaration of Restrictions" filed by Developer in Public Records several days... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 12, 2021

Generally, if the roads are private roads dedicated to the owners, the owners would be equally and severally liable, meaning any judgment would be paid by the one or ones who are able to pay. A judgment would be against every owner and if not paid, a lien against each property. Your neighbors... Read more »

1 Answer | Asked in Wrongful Death, DUI / DWI and Personal Injury for Florida on
Q: As a home owner, can I be held liable if someone in my home drinks then drives intoxicated and hurts or kills someone?

I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.

Jonathan Blecher
Jonathan Blecher answered on Apr 12, 2021

Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.

2 Answers | Asked in Civil Litigation, Personal Injury and Wrongful Death for Florida on
Q: Can my a family member sue a pharmaceutical company over the death of a loved one?

My stepmother was prescribed xenazine, for treatment of Huntington disease. Xenazine has the known side effects of depression and suicidal thoughts. My step mom was never depressed or suicidal before taking this treatment. 4 years ago, she committed suicide at home.

Is it probable to ask... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 11, 2021

Arising from the situation you describe are potential product liability and medical malpractice claims. However, you may have a statute of limitations problem. Not sure which State you are referencing, as you are writing to Fla. attorneys on Justia, but you are writing from Birmingham, Alabama.... Read more »

View More Answers

1 Answer | Asked in Products Liability and Wrongful Death for Florida on
Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

Michael  Mayoral
Michael Mayoral answered on Apr 7, 2021

This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... Read more »

2 Answers | Asked in Car Accidents and Wrongful Death for Florida on
Q: Can the not at fault driver be charged with vehicular homicide or manslaughter in a fatal crash if the investigation

Finds his brakes were faulty but did not contribute to the crash?

Charles M.  Baron
Charles M. Baron answered on Feb 23, 2021

There would have to be SOMETHING connected to that driver that caused or partially caused the crash; otherwise, what possible reason could they have for filing a charge? Certainly, negligently failing to maintain brakes might form a basis for a charge IF that played some part, big or small, in the... Read more »

View More Answers

1 Answer | Asked in Wrongful Death for Florida on
Q: As beneficiaries, do we have tights to my mother’s portion of my stepdads mesothelioma death lawsuit if she passes?

I know we have no rights to the lawsuit but we are her beneficiaries. Her health is troubling and I just want to know if we will keep her rights to the settlement if she passes. Ideally, we want her alive but I just am concerned. Worst thing is we were so close people thought he was my birth... Read more »

Charles M.  Baron
Charles M. Baron answered on Feb 22, 2021

If I understand you correctly, your mother currently is the plaintiff in a wrongful death lawsuit arising from the death of your step-father, which has not yet settled, but you are expecting a settlement or recovery at some point in the future. I wonder why you didn't ask your question to... Read more »

1 Answer | Asked in Wrongful Death and Animal / Dog Law for Florida on
Q: Can I sue the vet for malpractice?

The first vet said my cat had an infection. I had to take him back about 5 times. He just gave him more antibiotics. It getting worse. Several spots were on him. The vet told me he couldn't do any more for my baby. Another vet referred me to a reputable vet. I took him. She said I should have... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 27, 2020

Yes, check out Joey’s Legacy on Facebook for resources in Florida.

2 Answers | Asked in Criminal Law, Federal Crimes and Wrongful Death for Florida on
Q: If i plead guilty to sales and being investigated for a death resulting will they charge me if i plead out to the sales

I have been being investigated for a year now for a death resulting. I havent plead guilty to my sales charges from a year ago because im afraid if i do they are going to charge me with the dealth resulting. Im doing so good now and just had a baby and have been sober for a year and did lots of... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 23, 2020

Your case is in New Hampshire, but you posted this inquiry to Fla. attorneys, who cannot advise you unless they happen to be a member of the New Hampshire Bar. In any event, this is definitely not an issue that you can get an answer to from any attorney, anywhere, simply by posting an on-line... Read more »

View More Answers

2 Answers | Asked in Wrongful Death for Florida on
Q: My father had a massive heart attack at Fort Lauderdale international Airport and they had no defibrillators at the time

I’m wondering what the statues of limitations are in Florida this happened in 03 And now that we are through the grieving process is there anyway that we can Go after them for a wrongful death Lawsuit

Daniel Marc Berman
Daniel Marc Berman answered on Sep 22, 2020

If this happened in 2003 unfortunately you are well beyond the Statute of Limitations.

View More Answers

1 Answer | Asked in Wrongful Death for Florida on
Q: What's it mean when they tag on "life felony" to a charge ?

Some guys broke into my house to rob me and my fiance and shot and killed him in the mix,

And now they've dropped there charges down from First Degree Premeditated Murder to Second Degree Murder Life Felony .

And I was wondering what life felony means? Does it mean they would... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on May 20, 2020

It’s probably a distinction without a difference. Both murder 1 and felony murder carry a life sentence. The felony murder rule states that if any death occurs during the commission of a dangerous/violent felony then all the actors involved will go down for murder 1. Aside from the criminal case,... Read more »

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... 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 »

View More Answers

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... 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.

View More Answers

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...
Read more »

View More 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... 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... 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... Read more »

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.