Families of two men who were killed alongside Marlins pitcher Jose Fernandez sue his estate for $4million 

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The families of the two men who were with Miami Marlins pitcher Jose Fernandez when his boat capsized on a Miami Beach jetty — killing all three — are suing the All-Star's estate, each seeking $2 million. 

Attorney Christopher Royer, who is representing the families of 25-year-old Eduardo Rivero and 27-year-old Emilio Jesus Macias, told the Sun Sentinel that Rivero's claim was filed Friday, and Macias' will be filed Monday. 

'The Rivero and Macias families are deeply scarred by the loss of their sons', said Royer in a news release Friday. 

'We remain open to a settlement and are hopeful a prompt resolution can be achieved to spare these families, and that of Jose Fernandez too, from any additional suffering'.

The families of Eduardo Rivero, 25, and 27-year-old Emilio Jesus Macias who were with Miami Marlins pitcher Jose Fernandez (pictured) when his boat capsized on a Miami Beach jetty are suing the All-Star's estate for $4million 

 Fernandez owned the 32-foot boat, but investigators haven't determined whether he was driving at the time of the crash on September 25

Macias (left), a banker at Wells Fargo, and Rivero, a sales rep at Carnival Cruise Lines, were lifelong friends. Rivero had met Ferndandez through their girlfriends

Authorities say Fernandez, 24, had cocaine and alcohol in his system when he, his friend Eduardo Rivero and acquaintance Emilio Jesus Macias were killed in the wreck off South Beach.

While Rivero and Macias had alcohol in their systems, neither was legally drunk, according to toxicology reports from the Miami-Dade Medical Examiner’s Office. 

However, the reports showed Rivero had cocaine in his blood.  

Fernandez owned the 32-foot boat, but investigators haven't determined whether he was driving at the time of the crash on September 25.  

The attorney representing Fernandez's family, Ralph Fernandez (no relation), told the Sun Sentinel a settlement is 'highly unlikely', saying the official crash investigation by the Florida Fish and Wildlife Conservation Commission hasn't been completed, but he expects it to find Jose Fernandez was not driving the boat when it capsized.  

They were travelling between 55 and 65 miles per hour, when the boat hit the jetty.

The high-speed collision caused the boat to flip over and crash on the rocks. None of the men were wearing life jackets. 

Olga Fernandez (left), the grandmother and Maritza Fernandez the mom of pitcher Jose Fernandez watch as the Miami Marlins play against the Colorado Rockies at the Marlins Park on April 1 in Miami

Maritza Fernandez (center) and Olga Fernandez (right) before a memorial service at St Brendan Catholic Church in Miami on September 29 

Olga Fernandez (center), and his mother Maritza Fernandez during the Public Memorial at St Brendan's Catholic Church on September 28 in Miami

 Ralph Fernandez also said Jose Fernandez may not have known he had ingested cocaine.

'There are indications that his cocaine use that night was not voluntary', the attorney told the Sun Sentinel. 

Last month, Jose Fernandez's mother, Maritza Gomez Fernandez, filed a petition to administer his estate, valued at an estimated $2 million to $3 million.

Her son was about to sign a contract that would have paid him $30 million a year. 

His career earnings were $6.5 million, with his estate in line to receive a $1.05 million accidental death insurance payment and another $450,000 life insurance payment through Major League Baseball's benefits package, ESPN reports. 

Fernandez immigrated to the United States from Cuba in 2008. He became a US citizen in 2015.