Legal Question in Personal Injury in Florida

Smoker's Lawsuits

My friend died recently of lung cancer, She had a Lawsuit going against the Tobacco Companies.

She left a handwriten will, giveing 75% of net proceeds to her son, and 25% to me. Naming me as executor.

Today the Law firm tells me they will not proceed with the law suit because she died. And her son was not living with her at the time and that the will was not probated.

Is this ok, not that I was counting on this, but is this a valid reason to drop a lawsuit, she did die horribly, I took care of her in my home and I know how much she suffered.

I did ask how I go about having her will probated I was told to ask legal aid,


Asked on 5/03/07, 11:32 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Smoker's Lawsuits

Yes. A firm can decide not to pursue a case. Under Florida law when a person dies from the fault of another, nothing is awarded for the pain and suffering of the person that died. The spouse an d children under the age of 25 have a claim for pain and suffering and, if there is no spouse or minor children, any adult children have claims. With her death, the case may not have been worth enough to justify the expoense of proceeding. A wrongful death claim can only be pursued by the personal representative of the decedent, so if you want to try to find another lawfirm to bring the claim you can do so.

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Answered on 5/03/07, 11:41 am


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