Probate and Wrongful Death Coordination
At Johnson Law Center PLLC, we represent families who have lost a loved one due to an accident or negligence and need to navigate the probate process to pursue or settle a personal injury or wrongful death claim. Many families are unaware that Florida law mandates the opening of a probate estate before any wrongful death claims or survival actions can proceed. Our office collaborates closely with personal injury attorneys to ensure that all legal and procedural requirements are fulfilled, allowing your claim to advance without unnecessary delays.
According to Florida Statute § 768.20, only the court-appointed personal representative of the estate possesses the legal authority to file or settle a wrongful death action on behalf of the surviving family members. This crucial appointment safeguards the rights of all beneficiaries and ensures that any settlement funds are distributed in compliance with the law.
Our office can assist with every step of this process, including:
• Petitioning the court to appoint a qualified personal representative
• Preparing and filing all probate pleadings necessary to open the estate
• Coordinating with personal injury attorneys to maintain compliance with court and insurance obligations
• Managing settlement approvals, court orders, and distribution of proceeds
• Protecting the interests of surviving spouses, children, and other heirs
• Addressing liens, outstanding medical expenses, and creditor claims
It’s important to act quickly—wrongful death claims in Florida must generally be filed within two years of the date of death.
By partnering with both families and their injury attorneys, Johnson Law Center streamlines the probate process so your claim can proceed efficiently, ensuring your loved one’s legacy is honored and your family’s financial recovery is secure.
Statutory survivors, as detailed in F.S. 768.21, may include individuals eligible to pursue wrongful death claims. These statutory survivors can seek compensation for the loss of the decedent’s companionship and protection, as well as lost parental companionship, instruction, and guidance, or mental pain and suffering from the date of injury. Personal injury attorneys often assist families navigating the probate process during such difficult times.
If you are a personal injury attorney in need of assistance with wrongful death claims or navigating the probate process, please reach out to our office at 386-232-8447.