Legal Question in Personal Injury in Florida
My father was killed suddenly by a car wash crushing his neck while he was standing under it's roof to seek shelter from the rain early in 2009. What rights do I have as his daughter? Can I file a wrongful death suit? Please help me as I have been left taking care of my grandparents without my father to help me and got laid off this year and as a legal secretary & law firm receptionist for seven years have not been able to find work and have been struggling to provide for them.
8 Answers from Attorneys
I'm very sorry to hear about your father. There may well be a wrongful death case here. However, wrongful death cases are complicated and you should consult right away with an attorney who has handled these type of cases before. You may personally have a right to make a claim in the case, but you may not depending on whether your father was married at the time of his death and other factors. There is a short statute of limitations for filing a case of this type, so you should not wait to speak to an attorney. Our office has handled many death cases, and we offer a free initial consultation. I would be happy to discuss the situation with you.
I am so sorry to hear of the loss of your father and understand that this can be a difficult time both emotionally and financially. As for a law suit and given your legal background, I'm sure you understand that there are several aspects to any case you may have and it may go on for some time. Please contact our office, we provide a free consultation and generally we do not charge you any legal fees unless and until we obtain a result/reimbursement from the defendant. Even if you just want a second opinion, feel free to call me at 407-637-5890. All my best in this difficult time for you and your family.
The personal representative has the ability to bring a claim. If he was married, the legal survivors are his spouse and children under 25 years of age. Feel free to contact me by e-mail or phone to discuss if you wish. We handle these cases all the time and have been doing so for 40+ years.
Depending on how the accident occurred there may be a viable claim for wrongful death and pain and suffering. I can meet with you at your convenience to discuss the matter further.
david p. slater, esq.
www,bocadelraylawyer.com
I will just echo the advice of the prior attorneys - more than anything else you need to consult a lawyer as soon as possible. I wish the best to you and your family.
The personal representative of your fathers estate is the only one to bring an action for wrongfull death. Who is the next of kin? The action is brought on behalf of all heirs and beneficiaries of his estate. Obviously an attorney must have all these facts and investigate the negligence of the building owner and its insurance company for the roof collapse. My firm is in Miami but have handled cases everywhere. You may call my cellphone for personal contact at 305-305-3351 at any time or email at [email protected].
If your father has a wife, she would have a claim and any children and or granchildren who are dependant on him and or under the age of 25. I handle such cases. Want to know the law? Sign up for our free newsletter on varies areas of the law by sending an email to [email protected] and requesting the newsletter, or go to www.ConsumerLawyerHelp.com.
Yes, the personal representative can file a wrongful death lawsuit, assuming the facts support the claim. I recommend that you a call an attorney (or a few) for a consultation. Good luck!