Need An Estate Set Up In Florida To Pursue A Wrongful Death Claim, Collect A Personal Injury Settlement, Or Distribute Life Insurance Benefits? We Can Help!

Our law firm is uniquely set up with a team of lawyers experienced in life insurance claims, personal injury, wrongful death and probate administration. Our Florida probate department understands the needs of opening up probate in order to assist with the handling of a variety of other cases, including wrongful death, life insurance claims, and personal injury settlements. We work with law firms throughout the country who need help opening up an estate in Florida, as well as with individuals who need assistance in order to pursue or settle a personal injury, accident, wrongful death or life insurance claim.

 

Please feel free to call us for a free consultation to discuss the case at 800-337-7755 or 954-515-5000, or you can email us through the contact form on this page for a quick response. We are also available after hours, and on weekends, to discuss your case.

​

We Can Help Establish Probate In Florida For Wrongful Death Cases

 

Florida law requires that an Estate be opened in order to pursue a wrongful death case, or to pursue any money on behalf of the Estate if the person had a pending personal injury case when he or she died. Specifically, 

​

Florida Statute section 768.20 says that the action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. Under Florida law, a personal representative is appointed by the Probate Court through the probate process. If someone died with a will which designated a personal representative, that is generally not enough to pursue a wrongful death case. A Petition for Administration typically needs to be filed with the Probate Court, who then reviews the application and many supporting documents. If everything is in order and valid, then the Probate Court will issue an Order Appointing Personal Representative, as well as Letters of Administration. A Summary Administration is generally not enough, as no personal representative is typically appointed in that type of proceeding in Florida.

​

Under Florida Statute section 768.20, when a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. This is generally because the personal representative may continue the claim as a wrongful death case.

 

We often handle the Probate for wrongful death claims in many different situations. For example:

​

Motor Vehicle Accident Claims - If a loved one died in a motor vehicle accident, like a fatal car accident or truck accident, or was a pedestrian struck by a car, a probate estate generally needs to be open in Florida in order to pursue a wrongful death case, or in order to settle any wrongful death claim. Sometimes insurance companies will try to settle a wrongful death claim without you getting a wrongful death lawyer. This may be ok, but you generally must still get a probate lawyer in Florida in order to process the settlement through the Estate. There are several reasons for this, including getting a full release signed by the Plaintiffs or Estate, dealing with creditor claims and funeral expenses, and figuring out who may be entitled to the proceeds from the check, as beneficiaries under Florida's Wrongful Death Act may not be the same as beneficiaries under Florida's Probate Rules or a person's will.

​

Mesothelioma Claims - Mesothelioma is a rare, aggressive form of cancer that develops in the lining of the lungs, abdomen, or heart. Many mesothelioma lawyers specialize in these cases. If someone died from mesothelioma in Florida, or any actions arose in Florida leading to the cancer, our Florida probate attorneys can assist with handling the Estate portion of the mesothelioma lawsuit claim. We can work with national mesothelioma lawyers to handle the Florida probate administration while they pursue the mesothelioma lawsuit, and can assist with processing any mesothelioma settlement in court.

​

911 Victim Compensation Fund Claims - If your family member died as a result of a 911-related illness, you may be entitled to money from the 911 Victim Compensation Fund. Our office can work with attorneys throughout the country who need to open an estate in Florida in order to process or handle a 911 Victim Compensation Fund claim or settlement. We have experience handling these matters and can work to get the estate opened as quickly as possible.

​

Negligent Security Claims - Our office has handled many probate claims in order for a negligent security law firm to pursue a wrongful death negligent security claim. These cases often arise when a person is shot and killed, or otherwise murdered on a property, like an apartment complex, convenience store, gas station, or shopping center. If the property fails to provide adequate security, the victim's family may be able to pursue a wrongful death claim. Our Florida probate lawyers can help open an Estate to appoint a personal representative in Florida who can pursue the wrongful death claim.

​

Other Wrongful Death Claims - Our probate department has helped open an Estate in many other types of wrongful death situations. Feel free to call us to discuss your particular claim to see how we can help!

​

Processing a Personal Injury Settlement After A Victim Dies

​

A unique situation may arise when a person has a pending personal injury claim and then dies for unrelated reasons. Our lawyers can help continue the personal injury claim, or can assist your personal injury lawyer with opening up an Estate in order for your lawyer to continue the case for you.

 

Another unique situation may arise after a personal injury claim is settled where the victim dies before the paperwork is signed, or before the case is fully disbursed. Our personal injury lawyers and probate lawyers have handled several of these claims and can help process the personal injury settlement or claim.

 

Don't abandon a personal injury claim just because the victim passed away. Florida Statute section 46.021 says that no cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law. There may be time limitations and other procedures that must be followed, so it is important to speak with an attorney to see if you can continue the personal injury claim of the person who died.

​

​Florida Life Insurance Claim Probate Assistance

​

We can assist with a variety of life insurance claim situations, and have handled many life insurance claims over the years. Some life insurance claims which may require an Estate may include:

​

• Prior Medical Records Needed - Oftentimes, when a person dies within 2 years after they took out a life insurance policy, the life insurance company may delay or refuse to pay the benefits without reviewing the deceased person's medical records. We can assist with opening up an Estate in order to obtain the deceased person's medical records, and can assist with the handling of the life insurance claim as well.

• Benefits Payable To Estate - When no beneficiary is listed on a life insurance policy that was paid in full or up to date when the person died, the benefits may still be payable to the Estate of the person who died. The insurance company doesn't generally just get to keep the money. Our office can assist with making the claim on behalf of the Estate, or with opening up an Estate in order to process a life insurance settlement for an Estate.

• Interpleader Lawsuit Naming Estate As Party Or Defendant - If a life insurance company does not know who to pay when they have either competing claims, or claims involving an ex-spouse who was still named as beneficiary on a policy when a person died, the life insurance company may sue all possible beneficiaries, including the Estate of the policyowner or insured. When this happens, the Estate generally needs an attorney to open up an Estate and have a personal representative appointed who can then make the claim on behalf of the Estate.

 

Whether you are an individual who made a claim, or are an attorney assisting a life insurance claimant, feel free to contact us to see how we may be able to assist with your Florida life insurance claim.

​

 

​Free Case Review

Our office is happy to discuss whether you need to open an Estate in your case. Whether you are handling this yourself, or you are a personal injury or wrongful death lawyer in Florida or out of state, feel free to contact us at 800-337-7755, or send us your question online.
 

Probate Administration Help Throughout Florida

​

We can assist with opening up an Estate to pursue a wrongful death claim, personal injury case, or life insurance claim throughout Florida, including

• Miami wrongful death probate attorney

• Broward accidental death probate administration lawyer

• Key West probate attorney for wrongful death claim

• West Palm Beach probate administration of wrongful death

• Weston probate administration

• Florida attorney for wrongful death probate

• Appoint a personal representative in Florida to pursue a wrongful death case

• Florida probate cocounsel for wrongful death case

​

We often handle personal injury, wrongful death and life insurance claims for out of state attorneys and in state attorneys, and are happy to discuss your case to see how to best resolve the claim. We can also cocounsel on the underlying personal injury, wrongful death or life insurance claim. Call us today for a free consultation!