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If you have lost your loved one because of the negligence of another, here is what you need to know:
1. Florida law allows certain family members of the deceased to recover specific damages;
2 Florida law allows the estate of the decedent to collect certain types of damages on behalf of the estate that may be passed to the heirs of the deceased;
3. The Personal Representative of the deceased is the only person allowed under Florida law to file a lawsuit for such damages on behalf of the surviving family members and the estate;
4. If the deceased did not have a will, an estate can still be opened and a Personal Representative appointed to pursue a wrongful death action;
5. A wrongful death action must be filed within two years from the date of death, or within two years from the date that the negligent act that caused death was discovered, or should have been reasonably discovered;
6. If the death was caused by medical negligence, other exceptions, limitations and exclusions may apply;
7. Even if your loved one deceased while on the job as the result of an accident, the estate and survivors may have an action against others not his employer, and even his employer in certain limited circumstances.
For answers and advices regarding any wrongful death questions, call or email David Kerce right now for a free consultation. 386-258-0073, toll free 888-363-0233;
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