do i need to respond
First, I'm sorry for your loss... I also am assuming you and your son's mother are not married. The best advice is to contact a Florida personal injury lawyer immediately to discuss the situation and how to best protect you and your son's memory. Feel free to visit my web site for additional information that may be able to assist or call.
I am so sorry for your loss.
YOur question is not clear to me. I am not sure what you received. Please provide more information.
Here is what I think is happening. A wrongful death/survival action can only be brought once an estate is opened. YOur wife wants to file a claim so she is attempting?? to open an estate. Since you as the father might have an equal right to open the estate, what you got may be a renunciation--asking you to renounce your right to open the estate in favor of her.
In any event, I suggest you take the document to a lawyer for review.
You probably received a document which waives your opposition to your son's mother to bring the claim. If you have no objection then you sign it. But it is always better to consult with an attorney before doing so to understand the ramifications. You could also call her attorneys and request that they explain the purpose to you.
I suggest that you contact an attorney in the State where the estate is being administered. You may have a claim under the wrongful death suit and your interests need to be protected.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Under the Florida Wrongful Death Act, Section 768.21(4) provides that "Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors."
Accordingly you have a right as a survivor under the Act to recover your own damages. The estate must and it sounds like has been opened, with the mother seeking appointment as Personal Representative to administer the estate, and who will be entitled to a PR fee as well as her own damages. You need to hire a lawyer who regularly handles Wrongful Death cases. Your individual clAm may be valuable and you can hire your own lawyer to protect your rights and decide if you have a realistic chance of being appointed PR instead of Mom.
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