Florida Wrongful Death Legal Questions

You have no means to do so as an individual. Criminal prosecution is only done by the governemnt. You can file a complaint with law enforcement for them to investigate and go from there. As to suing her for "wrongful death" you would have to have evidence of that and then have standing to prosecute the claim, which is normally done by the personal representative (executor) in an estate. YOu will need to retain a lawyer to address that properly. ... Read Answer

Unless there is a contract requiring such support, merely purchasing a device to be implanted does not necessaily obligate the company to continue to support it. You may need to talk to you treating physicians about whether they need to replace the device with a different one or if there alternative for monitoring services. Otherwise in todays environment of logistics problems - there may not be a simple remedy. ... Read Answer

Certiainly not before someone passes, but generally after. There is obviously something missing here since they seemed to have the funeral home information. Its possible this is part of the CV19 protocal issues, where they do address this at the nursing home because people will demand to the home. Your best bet is to address this directly with the facility as a start and ask them why.... Read Answer

I am sorry for your family's loss, Jaylean. He was very young. Start with an autopsy. Further, the answer to your question can only be sought by request and review of your husband's complete medical records beginning with the death certificate and autopsy report to determine if the standard of care was breached by the physicians you have identified and did such a breach cause your husband's death.   Consequently, 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. Do not delay, as the Statute of Limitation in general (there are exceptions) for bringing a Medical Malpractice lawsuit can run as early as 2 years from the date of death.  ... Read Answer

I am sorry for your family's loss. In general, Medical Malpractice cases are expensive and hard fought. We do not expect them to be easy nor do we fear particular medical providers. The case particulars govern the decision whether to proceed or not. Sometimes legal opinions differ between attorneys regarding Medical Malpractice issues and cases and by reaching out you may be able to find an attorney or firm that will be interested. Be mindful of the Statute of Limitation- time may be of the essence, depending upon the dates and facts.  Do not delay.... Read Answer

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... Read Answer

my deepest condolences and sympathies on the loss of your sister. The first issue is who in the family would be the person who would be guardian ad litem to act on behalf of your sister. If she had a spouse or adult child then u may not be the appropriate person. If no parent or spouse or adult child survived your sister, then you would be the most appropriate party to handle this case. I would retain counsel on contingency to act on your behalf to achieve a successful and satisfactory result. Again my deepest sympathies. Stephen Black (407) 581 2581... Read Answer

This may be a very good case, pending more facts of course. You will need to prove that the cause of your wife’s fall was due to negligence on the part of your neighbor. If the facts bear that out then you can pursue a case for wrongful death against the neighbor. I am very sorry for your loss. Contact to discuss.... Read Answer

The literature about this suggest there is no known cause, but the question here is whether your daughter had been diagnosed with epilepsy and treated appropriately.  But from the death alone, it would seem to be without more  facts and reviewing the medical records there is way for any attorney to conclude there even might be negligence by the neurologist.  Obtain the medical records and consult a lawyer.  ... Read Answer

Generally, punitive damages are considered to a imposed on behalf of society in general and hence the view that a portion goes to the state. As puntive damage are NOT designed to compensate for damages caused, the views such awards as largely a windfall for victims, who in theory get the full value of thier compensatory damages. This is more of a political issue than a litigation issue.... Read Answer

Until you or a loved one become the victim of negligence, most Floridians don’t realize the number of laws passed by our pro-business, anti-citizen legislature and Governor.  The Nursing on law is just one example of legislation intended to protect big business, by make it harder for victims to pursue claims. The nursing home legislation has numerous provisions limiting damages and attorney fees, as well as placing unreasonable burdens for proving claims. With regard to the punitive damage section you referenced, it places ALL the financial burden and risks in pursuing the case on the victim’s lawyer. After devoting countless hours and funds into the litigation, if successful, half the total amount of punitive damages goes to the fund.  The fund does not even have to pay its share of the attorney’s fees or costs for recovering this money (i.e., the lawyer is giving away half his fee and the victim pays all the costs, not just its share).  Since compensatory damages for elderly victims can be very limited, having to turn over half the punitive damage award, without consideration of the costs involved, can discourages lawyers from getting involved. The law does require the State to investigate any cases where punitive damages are awarded, but these agencies are understaffed, underfunded and headed by appointees of our pro-business Governor. As the expression goes, elections have consequences. ... Read Answer