While Florida’s Wrongful Death Act does not allow individual survivors to file separate wrongful death actions (only the personal representative has authority to file), Florida case law provides a right for individual survivors to hire separate counsel, and entitles that outside attorney to be compensated from the settlement.
Typically, when a family has lost a loved one and is consulting with your firm regarding a wrongful death lawsuit, a personal representative has not yet been appointed. In that circumstance, it is prudent to ensure that you are contracting with the party that has preference under Florida Statute section 733.301.
Probate firms with practices comprised of mostly non-settlement related cases may not have the requisite knowledge of Florida’s statutory settlement schemes and related case law to (1) protect settlements from creditors, (2) ensure efficient settlement approval, and (3) protect the interests of the injury firm securing the settlement.
Section 786.21 of Florida’s Wrongful Death Act provides a statutory framework for wrongful death claims, and outlines six categories of damages available to litigants. These categories are (1) lost support and services, (2) lost companionship and protection, (3) mental pain and suffering, (4) lost parental companionship, instruction, and guidance, (5) medical and funeral expenses, and finally, Read more about Designating Damages under Florida’s Wrongful Death Act[…]
In administering the estate of a decedent, the Personal Representative is bound by fiduciary duty to the estate beneficiaries, and required by the court to file paperwork through an attorney.
Florida Probate Law Group has facilitated millions of dollars in wrongful death and child injury settlements. Why do injury attorneys turn to us to handle these important issues?
Wrongful death settlements often come with large Medicaid liens or other medical debt attached. However, under Florida law, your client’s wrongful death settlement may be immune to estate creditors.
Success, in so much of the work we do as attorneys, rests on how prepared we are. Handling a personal injury case involving probate and guardianship is no different.