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Wrongful Death Claim - Time may be running out!

September 12, 2012 | Category: Wrongful Death | Share



"You have only two years to file a wrongful death lawsuit in the State of Florida and filing may be complicated", warns  Randall Spivey of the Spivey Law Firm, Personal Injury Attorneys, Ft. Myers, FL.

The complication may arise if there is no Will, known as a Last Will and Testament, as there may be no obvious personal representative needed to initiate the wrongful death proceedings.  The courts usually offer the first right of the duty of personal representative to the surviving spouse.  If the spouse is not able to perform the duties, or the deceased is unmarried, the duties of the personal representative is decided by the majority vote of the deceased's heirs.  Should this not be possible, the court will appoint the personal representative.  Provisions are set forth in the Florida Wrongful Death Act portion of the state statutes.)

Since probate issues are involved and may be complex, it is strongly recommended that the services of a well-versed wrongful death attorney be engaged.  Spivey Law Firm has the experience needed in these cases.

If you or you know someone who may be involved in a potential wrongful death claim, please contact the Spivey Law Firm, Personal Injury Attorneys, P.A. specializing in personal injury and wrongful death.


Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239. 337.7483 or toll free at 1.888.477.4839, or by email to  Visit  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.


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Fort Myers, Florida 33912

(239) 337-7483

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