Filing a Wrongful Death Claim in Florida

It was almost two years ago that Joan Rivers died after undergoing a routine endoscopic procedure in New York. Soon after her death, her daughter Melissa Rivers filed a medical malpractice suit against the clinic where Ms. Rivers had her procedure. The lawsuit claimed that Yorkville Clinic performed an unauthorized procedure on the comedian, the doctors snapped selfies on their phones during the procedure, they failed to weigh Ms. Rivers before sedating her, and the doctors failed to act when her vitals began to deteriorate.

The amount of the settlement has remained undisclosed but both parties agreed to settle in order to avoid a drawn out litigation. Although Melissa Rivers was able to file the wrongful death lawsuit, each state has different rules regarding who can file a wrongful death lawsuit.

Florida has its own set of rules regarding who can pursue a wrongful death claim. In Florida, the Personal Representative of the decedent’s estate is the person who may pursue a wrongful death claim in court on behalf of all estate survivors, typically the decedent’s spouse, children, parents, and dependents. In the state of Florida there are limitations on losses that can be sought and the law gets quite complicated very fast. There are special rules controlling who can recover damages in a wrongful death lawsuit regarding spouses, surviving children, parents and others.

Losing a loved because of someone else’s negligence is devastating. During that time the last thing you want to worry about is having to navigate the complicated law surrounding wrongful death lawsuits. If you ever have any questions, always feel free to contact us. We will give a careful analysis of the specific facts of your case and help you understand how the rules apply to you.

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