Legal Question in Personal Injury in Florida

I live in Tx and my single (with no heir) half sister was killed in a brevard county florida hit and run - she was a pedestrian crossing a 4 lane road at 718pm and was struck by a hertz rental vehicle being transported by an employee who thought he hit a deer and kept going. the office he turned the car into noted the 5000 damage on the right front and called fla hwy dept. do we need a lawyer and if so,what kind and where? thank you.


Asked on 1/04/13, 6:10 pm

4 Answers from Attorneys

Steven Meyer CPLS, P.A.

Hi,

I'm very sorry to hear about what happened to your sister. Florida law regarding wrongful death claims is quite complicated. Your sister has a claim, but one would have to open an estate in the probate court first and then the estate pursues the claim. However, the type of damages that the estate could collect are limited. Other family members may have claims too. You really need to speak with a lawyer who has handled these cases before. In particular, you should look for a lawyer who is board certified in civil trial law, as are the lawyers in our firm. In June of last year, I obtained a $13.5 million jury verdict for a family in a wrongful death case from an auto accident with a drunk driver. I'd be happy to discuss the situation with you. We offer a free initial consultation.

Steven Meyer 561 - 864 - 0007.

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Answered on 1/04/13, 9:12 pm
David Slater David P. Slater, Esq.

You can use an attorney anywhere in Florida familiar with negligence and accident matters such as myself. In the alternative,I can refer you to an attorney in Brevard County, familiar with the court system. Good luck.

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Answered on 1/05/13, 3:43 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Contact an attorney in Brevard and make sure to discuss the actual damages that are available in this type of wrongful death claim. They are limited with no descendants. The probate would need to be established and all assets would need to be marshaled. Did she have stuff she owned at the time of her death? To clear title on that, including bank accounts, the probate would be needed. You will likely need more than one attorney to get all matters handled. Very sorry for your loss.

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Answered on 1/05/13, 6:31 am
David Burns David H. Burns, P. A.

You need a Florida lawyer who handles wrongful death cases. A Board Cerified Civil Trial Lawyer is preferable. The amount of damages recoverable by your sister's estate will depend on many factors, including her age and work history. Please be aware that there is a two-year time limit for filing a lawsuit in Florida, which runs from the date of death.

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Answered on 1/07/13, 9:07 am


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