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Roger, Lawyer
Category: Intellectual Property Law
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My daughter passed away on 12/19/2006, age 24, living with her mother. Her mother that mo

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My daughter passed away on 12/19/2006, age 24, living with her mother. Her mother that morning before leaving for work went into our daughters bedroom to say goodbye and saw her sleeping on her stomach. She rolled my daughter over while she was still asleep and noticed her with cold feet and shallow breathing. She did not call 911 and left for work. By mid-morning she tried calling home to call our daughter and no one answered. At lunch time she returned home to see if everything was okay and found our daughter stopped breathing. My ex-wife has since filed for damages to several doctors because my daughter was taking medications for pain. One lawsuit was settled and one more is being settled. Since it is now 5 years later can I pursue negligiance against my former wife?

Thank you,

Robert Vivalo
Submitted: 5 years ago.
Category: Intellectual Property Law
Expert:  Roger replied 5 years ago.

Hi - my name is XXXXX XXXXX I'm an Intellectual Property litigation attorney here to assist you.


Under Florida law, this would be a wrongful death claim, and this carries a 2 year statute of limitations. Essentially, this means that you have 2 years from the date of death to sue.


Thus, any claim you may have had would now be time barred.

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