A wrongful death action is brought by Daytona Beach Attorneys in the name of the estate of the person who died as a result of another person’s negligence. The estate itself has two claims. The first claim is for the benefit of the estate. The elements of damages which the estate is entitled to recover is medical expenses, funeral and burial expenses and lost wages until the time of death.
A study commissioned by Harvard University states that tens of thousands of cases of medical malpractice go unreported each year. Many of these cases result in death or serious impairment or injury to the patient. Florida, like most states, has placed very strict limits on lawsuits against medical doctors and we know these limits. In the State of Florida, before you can sue a physician, you must first hire another physician to investigate the incident. The physician that you hire must then draft an affidavit setting forth the negligence of the treating physician. That affidavit must then be mailed to the treating physician who has 90 days to investigate the claim himself. At the end of the 90-day pre-suit screening period, the doctor can demand arbitration, otherwise the case can proceed to court. In any event, it is a very expensive and time-consuming process.