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Florida Probate Lawyers Should Know that Statutes May Limit Damages in Wrongful Death Suits and Warn Personal Representatives in Florida

Uncategorized Jan 7, 2016
post about Florida Probate Lawyers Should Know that Statutes May Limit Damages in Wrongful Death Suits and Warn Personal Representatives in Florida

Estate litigation in Florida unfortunately sometimes has to involve children.  If you had a loved one die as a result of the negligence of a doctor you may need a Florida probate lawyer for a wrongful death case.Why does this involve Florida probate litigation? Did you know that the personal representative will have to sue on behalf of the estate? This recent appeal from the Appeals Court in West Palm Beach shows probate attorneys in Florida that damages may be capped by statute. 

Statutory Caps on Damages

  • Estate attorneys Florida know that medical malpractice can result in the death of loved ones/
  • This may be grounds for a claim of medical malpractice or wrongful death but how does the estate bring that lawsuit?
  • Florida estate attorneys know that in order to bring a wrongful death lawsuit you may need a Florida estate lawyer to help.
  • But why?
  • In Florida, you have to sue through the personal representative of the estate … so there has to be an estate!
  • How do you get an estate opened in Florida?
  • I would start by talking to an Florida estate attorney or will contest lawyer to see the necessary steps.
  • Keep in mind though that wrongful death and medical malpractice damages may be capped by statue.
  • What does that mean?
  • Check out this recent case out of West Palm Beach to learn more.

Go v. Normil

  • This was a tragic case that was appealed from the Palm Beach Court.
  • This was a medical malpractice case that ended up with a multi million dollar verdict after a child had a brain trauma from malpractice. 
  • What does this have to do with West Palm Beach and Florida probate.
  • If you are considering bringing a wrongful death or malpractice claim through the estate in Florida listen up.
  • The legislature has limited the liability of certain hospitals that are operated by the State.
  • That cap may change your opinion about whether or not the case is worth it. 
  • Before you make a decision sit down with a Florida probate lawyer and learn more about statutory caps on damages.
  • These do not apply to all hospitals though, does it apply to the one you are worried about.

Want to learn more?

Check out the entire case by clicking here.

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