More details to this question:
My 54 year old son was stuck & killed my a 78 year old man driving a 2011 Lexus SUV. Was not given any Citation or Toxicology Test. My son was riding his bike to the store when struck. The Florida Highway Patrol did not contact me the next of kin until after I filed a complaint with my Senator on September 25, 2017. I received the FHP accident report in November, 2017. There were several errors in their report. They never interviewed the 1st responder, a R.N. She stated that the driver told her in Spanish that he never saw my son until it was too late. How can I pursue this case?
3 ANSWERS
Car Accidents Attorney serving Orlando, FL
Partner at
Tina Willis Law Injury Accident Lawyer
You absolutely, urgently, need to consult with a wrongful death lawyer. You do not mention the date of his death. But there is a strict 2 year statute of limitations after any Florida wrongful death case (and that can vary sometimes depending on the date of discovery of the negligence, but that doesn't appear to apply to your situation, so I think you have a 2 year statute of limitations). But you shouldn't wait because critical evidence can disappear very quickly. We provide free telephone consultations to get to the bottom of what might be possible in your situation. Only certain survivors can recover under Florida's wrongful death statute (for more info, wrongfuldeathattorneyorlando.com). There is absolutely no way you can handle this case on your own. Don't try. At least call a lawyerr to find out what might be possible for you, in this case. If he had any wife or children, ideally they would be involved in hiring the lawyer, too.
Tina Willis Law - Orlando, 390 N. Orange Ave, Suite 2300G, Orlando, Florida 32801, (407) 803-2139
Answered on Mar 15th, 2018 at 2:11 PM
You shouldn't rely on our advice w/o consultation. Tina Willis Law - Orlando, 390 N. Orange Ave, Suite 2300G, Orlando, Fl 32801, (407) 803-2139
Was he married? Did he have any children? If so, they may be a priority in any wrongful death case. Your best bet is to retain counsel on contingency fee that will fully investigate all the facts to maximize any and all recovery for the surviving relatives.
Answered on Mar 15th, 2018 at 10:08 AM
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
You generally cannot as an individual, at least from a civil perpective. You will have to hire a propbate lawyer to open an estate and be appointed personal representative. The PR can then hire an injury lawyer, such as we are, to pursue any "wrongful death" claim assuming there is evidence of fault on the part of the vehicle driver and insurance coverage or assests to pay for the loss. This needs to be done ASAP as too much time has passed already.
Answered on Mar 14th, 2018 at 6:09 AM
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