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I was offered $100 as a settlement in a wrongful death claim on behalf of my mother, what should proper legal response be?

North Fort Myers, FL |

Pro Se litigant filed Notice of Intent for Medical Mal / Wrongful Death in state Florida. Claim against Lee Memorial hospital, (sovereign immunity limits claims to 100K / 200K). I have obtained a FL licensed medical expert which lays blame on cardiologist's deviation from standard of care. Cardiologist was a Lee Memorial employee. (My mother developed and passed from from retroperitoneal hemorrhage from Lovenox therapy. I am qualified as a statutory heir under Florida law.

Attorney Answers 11

  1. Best answer

    Although you come across as intelligent in your question and seem to have navigated the pre-suit requirements correctly thus far, respectfully, without an attorney, you will not obtain your desired results. It is also likely that you received a $100 settlement offer because you are pro se in a medical negligence/wrongful death case. Just the way your question is phrased above, you may also have another case, but without more details, I cannot be sure. It would be best to consult an experience medical malpractice / wrongful death attorney immediately as wrongful death cases are extremely detailed and there are statutory potholes everywhere that can derail your case. Go speak with an attorney. Good Luck!

  2. You are in way over your head in the litigation pool. Please hire an attorney who can handle the lawsuit--if it is not too late to remedy any errors--and negotiations. None of us can remote-control your lawsuit through AVVO. AVVO is for general legal advice such as "What kind of lawyers do I need?" and other very basic legal questions.

    I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not respond to inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case.

  3. I won't comment on what your "proper legal response" should be. But your proper common sense response is to realized that you're about to get bushwacked and that you should run, don't walk, to hire a lawyer to represent you. Unless, of course, you believe that your mother's life was only worth $100. It's time to wise up. Hire a Ft. Myers area lawyer who handles these types of matters. Good luck!

    I am primarily a credit card defense lawyer, but I also handle a variety of other consumer issues and general civil litigation. I hope you found my answer helpful. If you did, please click "helpful" and/or "best answer," because doing so helps my Avvo rating. Please also understand that answering this question doesn't make me your lawyer, and my answer is not even an "initial consultation" with me. In answering your question(s), I am merely giving you VERY GENERAL ADVICE based upon your VERY GENERAL QUESTION. If I indicated that you need to see a lawyer personally, then PLEASE DO SO. Good luck to you!

  4. The legal proper response is "hire a lawyer". It is clear from your post that you are not the gladiator in the litigation arena you view yourself as, but the condemned prisoner. For example I presume that the $100.00 offer you reference came by way of a proposal for settlement, which is if so is a significant issue, as this is normally done to set you up for attorney's fees. This is likely because I can see several glaring issues in your post that would warrant such a position from a defendant, most of which a competent med mal lawyer would help you avoid.

  5. I'm wondering what attorney you consulted with and 1) did not want to take your case, or 2) did not refer you to someone likely to take your case. These cases are often expensive to litigate so finding the right attorney/firm can be difficult. I would recommend you keep trying to find a lawyer to assist you on this. If not, as my colleagues have pointed out, a strong defense attorney will exploit your mistakes.

    The rules governing attorneys prevent any attorney on this site from contacting a potential client on an unsolicited basis. This means if you are interested in hiring an attorney or further discussing a case you must make first contact with the attorney whether via email or phone. The information provided is not legal advice and no attorney client relationship will arise based upon this information. If you decide to retain an attorney a separate discussion regarding your rights will have to occur. Do not rely on any of the information provided in deciding whether or not to act. David Fraser disclaims any liability for actions that are taken by individuals based upon the information provided. CONSULT AN ATTORNEY IN YOUR JURISDICTION BEFORE TAKING ANY LEGAL ACTION. Florida Bar Disclosure: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide on an attorney, ask him/her to send you free written information about his/her qualifications and experience.

  6. You've solved the first hurdle, getting an expert to testify to the standard of care requirement. However, unfortunately, you are not going to have much luck progressing further without a licensed FL attorney who handles medical malpractice cases. They are incredibly complex and come with many hurdles and surprises. Further, you are facing thousands of more dollars in litigation expenses before ever getting to a fair value on the case. You would be best suited consulting with an attorney regarding your claim.

    *Disclaimer: The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

  7. Frankly, you need a personal injury attorney who is familiar with medical malpractice cases. The fact that you have already found a cardiologist who is willing to state that there is a deviation from the standard of care is very significant.

    The laws vary widely from state to state and I practice California. You need to consult with the local Florida attorney to discuss your case.

    When offer of $100 in my opinion should be summarily rejected.

    You're not doing yourself any favors by trying to handle this matter on your own. If the case does not have merit and that is something that you will have to come to terms with.

    I am very sorry for your loss and wish you the best.

    The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  8. Absolutely get a lawyer. The opposition is hoping you wont and they will do everything they can to get rid of the case, short of paying a fair amount, if you are representing yourself. they will use all procedural traps they can to trip you up.

    Good luck.

  9. You should not respond, but get a local wrongful death lawyer to get the compensation to which you may be entitled.

  10. So you are smart and resourceful enough to do all that but don't know if a $100 offer is reasonable? Hmmmm.

  11. Get a lawyer! I have no doubt you are intelligent and generally capable; but this is a very specialized area of the law, with great lawyers usually on both sides. You can certainly count on the defense hiring very qualified and experienced lawyers to do everything they can to defeat you and your lawsuit. Don't go into this gunfight disarmed.

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