Probate, Real Estate Law, Estate Planning & Workers Compensation, & Mediation
Probate, Real Estate Law, Estate Planning & Workers Compensation, & Mediation
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 open a probate case to pursue or settle a personal injury or wrongful death claim. Many families are unaware that Florida law requires a probate estate to be opened before any wrongful death or survival action can proceed. Our office works closely with personal injury attorneys, ensuring the legal and procedural requirements are properly completed so the claim can move forward without delay.
Under Florida Statute § 768.20, only the court-appointed personal representative of the estate has legal authority to file or settle a wrongful death action on behalf of the surviving family members. This appointment is essential to protect the rights of all beneficiaries and to ensure that any settlement funds are distributed according to 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 or wrongful death counsel to maintain compliance with court and insurance requirements
• 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 move forward efficiently, ensuring your loved one’s legacy is respected and your family’s financial recovery is protected.
Statutory survivors are set forth in F.S. 768.21. Some statutory survivors may recover for the loss of the decedent’s companionship and protection, lost parental companionship, instruction, and guidance, or mental pain and suffering from the date of injury.
If you are a personal injury practitioner, please reach out to our office at 386-232-8447.