More details to this question:
My name is Eddie Alvarez, I am doing this on behalf of my sister Barbara Alvarez. My sister is being sued in Seminole County Civil Court. This involves a traffic accident that occurred Sep 2019, that resulted in the death of my mother. The person that is suing my sister received a traffic ticket as a result of the accident. Now she is suing my sister claiming injuries etc. We have not been officially served. Also, we do have video evidence that proves that the person that is suing my sister is at fault. The evidence comes from a witness whose dashboard car camera filmed the whole thing. Also my mothers autopsy report does show she died as a result of her injuries from the car accident. I need a lawyer
3 ANSWERS
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2 Awards
You need to get with a personal injury lawyer ASAP to establish an "estate" as there may be a claim for your mother death against the other driver. There will need to be a personal representative appointed that can actually hire a lawyer, and that might be you or someone elese if there is a will. Equally your sister may have a similar claim which she can pursue for her injuries. With the crash happeing just over a year ago, its possible that an actual lawsuit has not been filed, but rather an insurance claim made, and that might make a huge difference in how this is addressed. You can call our office at 1-800-922-6442 if you have further questions.
Answered on Dec 02nd, 2020 at 6:19 AM
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4 Awards
Hi Eddie,
My condolences to your family on the loss of your mother.
If your sister and/or the car was insured at the time the insurance company(s) need to be notified immediately so that they may provide defense if coverage permits.
A Personal Injury attorney can investigate this matter and determine all possible responsible parties and evaluate your family's potential claims and can guide and advise you as to all ramifications including those beyond the responsilities of defense counsel.
However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.
Loren L. Gold, Esq.
Answered on Dec 01st, 2020 at 5:45 PM
50M dollars recovered in Personal Injury, Medical Malpractice and Wrongful Death. Life Member Million Dollar Advocates. AV rated. Former Ins Adjuster
So it appears that the evidence shows that the at fault driver is claiming injuries in suing the non-at fault party which is now your mothers estate. You should turn the matter over to your mothers liability insurance carrier, and if she does not have or she did not have auto insurance at the time of the accident, you will need to retain independent counsel to fight this frivolous lawsuit. There is a Process under Florida law that allows you to file a motion for sanctions, a 57-105 motion, against the party bringing the lawsuit if that party and the parties attorney knowingly bring a case that is frivolous and totally unfounded. If the judge agrees with the motion and rules in favor of your mothers estate, he will award sanctions against not only the at fault party but the at fault parties lawyer.
Answered on Dec 01st, 2020 at 5:42 PM