Legal Question in Civil Litigation in Florida

Re: Wrongful Death

As his only serving relative you should petition the Florida court to be appointed personal representative of his estate. The facts of your situation would have be developed to respond properly. There is no such hard and fast rule.

Re: Wrongful Death

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

As the surviving heir you have the right to open an estate for your brother. You will then ask the court to appoint you as his personal representative. As the personal representative you may file a suit for damages on behalf of the estate.

Pursuant to Florida Statute All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their

relationships to the decedent shall be alleged. Damages may be awarded as follows:

(1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to

present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be

considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

(2) Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

(3) The decedent's personal representative may recover for the decedent's estate for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind,

with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered.

This is all subject to a further review of the facts of the matter. If you have further questions, please feel free to contact my office.

Scott R. Jay, Esq., 305-249-8000