Legal Question in Personal Injury in Florida

Questionable death

I'm trying to find out if there is a time frame to file suit if you feel that someones death was not of natural cause. My father died in 1980 at his job. We were told he had a heart attack. But later found out that there was a clorine leak that same day. My mother did'nt have any support and never questioned the alledged clorine leak. DO we have any rights as his children? Please let me know what or if anything that we can do.

Thank You.


Asked on 7/11/07, 6:09 pm

3 Answers from Attorneys

Philip DeBerard Accident Law Offices of Philip DeBerard

Re: Questionable death

we will need much more detail. please call our firm to discuss

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Answered on 7/12/07, 8:28 am
Leonard Haberman Aronberg & Aronberg

Re: Questionable death

Dear Sir/Ma'am:

Regardless of the cause of death, it sounds like you lost your father at a young age and for that, I aplogize.

Normally, the statute of limitations would bar any claim at this point. However, under what is known as the "dicovery rule" the time to file a lawsuit is extended for reasons such as fraud or if there was no way for your mother to have known of the chlorine leak at the time.

Call me at the office and we can chat about it more. I do hope you find the answers that you need.

Take care,

Len Haberman

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Answered on 7/12/07, 10:20 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Questionable 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.

I believe that you will have a very hard time having a case like this heard by a court. The statute of limitations has long since run and I would not want to give you false hope that any of the allowed exceptions will apply to your situation after 27 years. Further, you would have to be able to prove that your father's death was not due to natural causes but rather the chlorine leak which would be extremely difficult, if not impossible.

Scott R. Jay, Esq.

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Answered on 7/12/07, 10:25 pm


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