Florida Wrongful Death Lawyer: Skilled Wrongful Death Attorney Florida to Protect Your Rights
A wrongful death attorney Florida often works closely with an estate lawyer because most claims must proceed through the probate process before a lawsuit can even begin.
In many cases, wrongful death probate Florida procedures require the appointment of a personal representative for a wrongful death claim, which means the family must open a probate estate and obtain letters of administration for a wrongful death case in Florida.
This step is critical because Florida law generally requires the wrongful death personal representative in Florida to bring the lawsuit on behalf of the estate and surviving family members.
As a result, opening an estate for a wrongful death claim is often the first legal step before pursuing compensation.
Through wrongful death estate administration in Florida, the probate court oversees the process, including distribution of wrongful death proceeds in the estate in Florida, addressing wrongful death estate creditors in probate, and reviewing any probate court approval of a wrongful death settlement in Florida when required.
Understanding how formal administration for wrongful death in Florida interacts with litigation ensures that families protect their rights while complying with Florida probate law.
An experienced wrongful death attorney Florida families rely on can coordinate the probate administration with the civil lawsuit to ensure the claim is properly filed, damages are preserved, and settlement approvals meet court requirements.
Working with knowledgeable wrongful death lawyers in Florida also helps ensure that the interests of surviving spouses, children, and other statutory beneficiaries are fully protected throughout both the probate and litigation process.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim in Florida is a civil lawsuit filed under the Florida Wrongful Death Act (Florida Statute § 768.16–768.26) by the personal representative of a deceased person’s estate to recover damages on behalf of survivors when someone dies due to another party’s negligence, recklessness, or intentional misconduct. Only a court-appointed personal representative may bring this action, and it must be filed within two years of the date of death.
If you are searching for a wrongful death attorney Florida families can trust, you need to understand that a wrongful death case in this state is not just a personal injury matter—it is deeply intertwined with probate law.
Unlike many other states, Florida requires that a probate estate be opened before a wrongful death lawsuit can proceed.
That single requirement is where most families get tripped up, and it is exactly where we at Lorenzo Law step in.
Under the Florida Wrongful Death Act, the personal representative of the decedent’s estate is the only party legally authorized to bring the wrongful death lawsuit.
Individual family members—no matter how directly affected—cannot file the claim on their own.
This means that before any wrongful death litigation begins, someone must be formally appointed as the estate’s personal representative through the probate court.
For this reason, families often work closely with a wrongful death attorney Florida residents trust to ensure the estate is properly opened and the claim is filed within the statutory deadlines.
Experienced wrongful death lawyers in Florida can coordinate the probate process with the litigation to protect the rights of all statutory beneficiaries and ensure the case proceeds in compliance with Florida law.
Why Wrongful Death Probate Matters for Florida Families
We often see families contact wrongful death lawyers in Florida expecting to file a lawsuit immediately after their loved one’s death. The reality is more complex.
Because Florida law mandates the appointment of personal representative wrongful death cases require, there is a necessary probate step that must happen first.
Without opening probate for wrongful death in Florida, the lawsuit simply cannot move forward.
This dual requirement exists to protect all parties—the survivors who stand to recover, any estate creditors with valid claims, and the minor children who need a guardian ad litem to protect their interests.
In our experience with Florida courts, the intersection of probate and wrongful death is the area where having the right attorney makes the biggest difference.
In our experience with Florida courts, the intersection of probate and wrongful death is the area where having the right attorney makes the biggest difference.
An experienced wrongful death attorney Florida families trust can coordinate the probate administration with the civil litigation to ensure the estate is properly opened, the personal representative has legal authority to act, and the claim is pursued within the required deadlines.
Skilled wrongful death lawyers in Florida also help ensure that any settlement or judgment is properly structured and approved by the probate court so that the surviving beneficiaries receive the compensation to which they are legally entitled.
Who Can File a Wrongful Death Lawsuit in Florida?
One of the most common questions we receive is “who can file wrongful death lawsuit Florida?” The answer under the Florida Wrongful Death Act personal representative provision is clear: only the personal representative of the decedent’s estate. This is not optional—it is a strict legal requirement under Florida Statute § 768.20.
The personal representative files the lawsuit on behalf of the estate and the statutory survivors, which include the surviving spouse, children (including adult children if there is no surviving spouse), parents (in certain cases), and any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support.
However, the claim itself belongs to the estate, not to any individual family member.
Many families ask whether a wrongful death executor Florida is the same as a personal representative.
In Florida, the term “personal representative” is the correct legal designation used in probate proceedings—the term “executor” is more commonly associated with other states.
Whether the decedent had a will naming a personal representative or died intestate, the probate court must formally appoint someone to serve in this capacity before the wrongful death claim can proceed.
Because of these requirements, many families consult a Florida wrongful death lawyer early in the process to ensure the estate is properly opened and the correct person is appointed by the probate court.
Experienced wrongful death lawyers in Florida can coordinate the probate administration with the litigation process so that the claim is filed correctly, deadlines are preserved, and the rights of all statutory survivors are fully protected.
When and Where Wrongful Death Probate Applies in Florida
The wrongful death statute of limitations probate Florida imposes a strict two-year deadline from the date of death to file the wrongful death lawsuit. This clock runs regardless of whether probate has been opened.
That means families must move quickly to open probate for wrongful death Florida proceedings and secure the appointment of a personal representative well before the statutory deadline.
Jurisdiction for the probate case is typically in the county where the decedent resided at the time of death. The wrongful death lawsuit itself may be filed in a different county depending on where the incident occurred.
We at Lorenzo Law coordinate both proceedings simultaneously to ensure no deadlines are missed and the family’s rights are fully preserved.
Working with an experienced Florida wrongful death lawyer early in the process can make a critical difference, particularly when probate administration and litigation must proceed on parallel tracks.
A knowledgeable wrongful death attorney Florida families rely on can ensure the estate is properly opened, the personal representative is appointed without delay, and the lawsuit is filed within the required statutory period.
Skilled wrongful death lawyers in Florida also help coordinate probate court approvals, protect the interests of statutory survivors, and guide families through both the legal and procedural complexities of these cases.
How Wrongful Death Probate Works in Florida — The Process
Understanding the wrongful death probate Florida process is critical. Here is a high-level overview of how the probate and wrongful death claim work together:
1. Open Probate: A Petition for Administration is filed with the appropriate circuit court to open the decedent’s estate. This is required whether the decedent had a will or died intestate.
2. Appoint Personal Representative: The court issues Letters of Administration appointing the personal representative, giving them legal authority to act on behalf of the estate.
3. File the Wrongful Death Lawsuit: With Letters of Administration in hand, the personal representative files the wrongful death complaint in civil court.
4. Litigate or Negotiate: The wrongful death case proceeds through discovery, depositions, mediation, and potentially trial.
5. Obtain Court Approval for Settlement: Any wrongful death settlement must be approved by the probate court to ensure fair distribution among survivors.
6. Distribute Settlement Proceeds: The personal representative distributes the wrongful death settlement according to Florida Statute § 768.21 and § 768.24.
Common Situations Where Wrongful Death Probate Arises
In our practice, we see wrongful death and probate intersect most frequently in the following scenarios:
• Motor vehicle and trucking accidents causing fatal injuries
• Medical malpractice resulting in a patient’s death
• Nursing home neglect and abuse
• Workplace accidents and industrial incidents
• Defective product liability claims
• Premises liability and drowning cases
In each of these situations, families need a florida wrongful death lawyer who also understands wrongful death estate administration Florida requirements—because the lawsuit cannot exist without the estate, and the estate must be properly managed throughout the litigation.
Why You Need a Combined Wrongful Death and Probate Attorney for Your Florida Claim
Many families are surprised to learn that a wrongful death attorney florida cannot simply file a lawsuit the day after a tragedy.
Because Florida law mandates that only a court-appointed fiduciary can initiate a claim, you essentially need a probate and wrongful death lawyer who can navigate two distinct court systems simultaneously.
Choosing an estate lawyer wrongful death florida specialist ensures that the “Letters of Administration” are secured swiftly, preventing the two-year statute of limitations from expiring while you wait on courthouse red tape.
The Critical Role of a Florida Attorney: Probate, Wrongful Death, and the Path to Recovery
When searching for a lawyer for wrongful death estate florida, you aren’t just looking for a litigator; you are looking for a strategist.
A specialized wrongful death estate attorney florida understands that while a personal injury firm chases the settlement, the probate firm must protect that settlement from improper creditor claims.
By hiring a florida attorney probate wrongful death expert, you ensure that every dollar recovered for “survivors” is legally partitioned from the “estate assets.”
This distinction is vital because wrongful death lawyers in florida know that survivor damages—like mental pain and suffering—are typically exempt from the decedent’s old credit card bills or medical debts.
As your florida wrongful death lawyer, I coordinate the wrongful death and probate attorney functions to streamline your case.
We handle the technical “Formal Administration” required by the probate court while aggressively pursuing the negligent parties in civil court, providing a unified front that single-practice firms simply cannot offer.
Navigating Florida Wrongful Death Claims: Recovering Compensation for Your Loss
When a fatal accident occurs, the financial burdens placed on a family can be just as overwhelming as the emotional toll.
At Lorenzo Law, our experienced wrongful death attorney works tirelessly to ensure that wrongful death victims are represented with the highest level of legal responsibility.
Under the Florida Wrongful Death Act (F.S. § 768.16 – § 768.26), the decedent’s personal representative is tasked with a significant legal action: to seek justice and fair compensation for the estate and certain surviving family members.
In most wrongful death cases, the goal is to recover compensation that addresses both the tangible and intangible impacts of the loss. This includes wrongful death damages such as:
- Medical expenses and funeral expenses (including burial expenses) incurred due to the final injury.
- Lost wages and lost income the decedent would have earned.
- Non economic damages like mental pain and mental anguish.
Holding Liable Parties Accountable in Motor Vehicle Accidents
Motor vehicle accidents remain one of the leading causes of florida wrongful death claims. Whether the tragedy involved a commercial truck, a motorcycle, or a passenger car, identifying all liable parties is essential to a successful wrongful death suit.
Florida law allows families to seek compensation from a negligent driver whose recklessness led to a fatal accident.
Beyond basic financial compensation, if the conduct of the negligent parties was particularly egregious—such as drunk driving or extreme speed—we may pursue punitive damages under F.S. § 768.72.
Our legal team is adept at negotiating with insurance companies that often try to minimize the value of personal injury cases involving a loss of life.
We focus on securing the lost parental companionship and support that children and spouses are entitled to under F.S. § 768.21.
Complexities of Medical Malpractice and Fatal Medical Errors
Medical malpractice cases are among the most difficult personal injury cases to litigate in Florida due to strict presuit requirements under Chapter 766, Florida Statutes.
When a healthcare provider’s deviation from the standard of care results in death, the surviving family deserves an experienced wrongful death attorney who understands the “Free Kill” nuances of F.S. § 768.21(8), which can limit recovery for adult children and parents of adult children in medical malpractice actions.
Whether the death was caused by a surgical error, misdiagnosis, or the administration of dangerous drugs, we investigate the legal responsibility of the hospital or physician.
In these cases, we fight for wrongful death damages that cover the massive medical expenses accumulated prior to death and the profound pain and suffering experienced by the survivors.
Seeking Justice for the Loss of a Deceased Minor Child
The loss of a deceased minor child is a specialized area of Florida law that allows for unique categories of recovery.
Under F.S. § 768.21(4), each parent of a minor child may recover for mental pain and suffering from the date of injury.
Because these cases involve such intense emotional trauma, the law recognizes that the “value” of the claim isn’t just about lost income, but about the irreparable hole left in the family unit.
Our law firm ensures that insurance companies do not devalue the life of a child simply because there were no “lost wages” to calculate.
We emphasize the non economic damages and mental anguish parents endure, ensuring they have the financial resources to handle funeral expenses and the time needed to grieve without the added stress of financial burdens.
Key Terms in Florida Wrongful Death Probate
Personal Representative: The court-appointed individual authorized to manage the estate and file the wrongful death claim. See Florida Statute § 733.301.
Letters of Administration: The official court document granting the personal representative authority to act. A wrongful death attorney needs these letters of administration wrongful death Florida cases require before filing suit.
Formal Administration: The standard probate process required for wrongful death cases. Formal administration wrongful death Florida is mandatory—summary administration is not available when a wrongful death claim is pending.
Guardian Ad Litem: A court-appointed advocate for minor beneficiaries. A wrongful death guardian ad litem Florida appointment is required when minors will receive settlement proceeds.
Wrongful Death Survivors: The statutory beneficiaries entitled to damages under Florida Statute § 768.18—distinct from estate beneficiaries who inherit under a will or intestacy.
Intestate: Dying without a valid will. Wrongful death intestate Florida cases require the court to determine both who serves as personal representative and how settlement proceeds are distributed among survivors.
Probate Court Approval: Judicial review and authorization of the wrongful death settlement amount and distribution plan. Probate court approval wrongful death settlement Florida is a mandatory step before any funds are disbursed.
Estate Creditors: Parties with valid claims against the decedent’s estate. Understanding wrongful death estate creditors probate Florida rules is essential because wrongful death proceeds are generally exempt from creditor claims under Florida law, with limited exceptions.
Myths and FAQs About Wrongful Death Probate in Florida
“Can family members file wrongful death without probate in Florida?”
No. This is one of the most persistent myths we encounter. Under the Florida Wrongful Death Act, only a court-appointed personal representative can bring the wrongful death claim. Can family members file wrongful death without probate Florida is a question we hear constantly, and the answer is always: probate must be opened first.
“Can you settle wrongful death without probate in Florida?”
No. Even if a settlement is negotiated informally, does Florida require court approval for wrongful death settlements? Absolutely. The probate court must approve the settlement amount and the distribution among survivors. Settling without court involvement is not legally valid.
“Wrongful death proceeds go to estate creditors.”
This is largely a myth. Under Florida law, wrongful death settlement proceeds generally pass directly to the statutory survivors and are not considered estate assets subject to creditor claims. However, there are narrow exceptions, and the estate’s own debts (such as medical bills incurred before death) may be addressed separately through the probate process.
“You don’t need probate if the decedent had no assets.”
This is incorrect in the wrongful death context. Even if the decedent owned nothing, do you need probate for wrongful death Florida cases? Yes. The probate estate must be opened solely to appoint a personal representative who can file and manage the wrongful death lawsuit.
“Wrongful death survivors and estate beneficiaries are the same people.”
Not necessarily. The wrongful death survivors vs estate beneficiaries Florida distinction is important. Wrongful death survivors are defined by Florida Statute § 768.18 and may include people who are not estate beneficiaries, and vice versa. Understanding this distinction directly affects how settlement proceeds are distributed.
“Any lawyer can handle both the probate and the wrongful death case.”
In theory, any licensed attorney can represent the estate. In practice, these matters require dual expertise. A wrongful death and probate attorney Florida who practices in both areas can coordinate the estate administration and the wrongful death litigation seamlessly—avoiding the delays, miscommunications, and strategic blind spots that arise when two separate attorneys handle each piece.
Choosing the Right Legal Approach: Single Attorney vs. Separate Counsel
| Feature | Single Dual-Practice Attorney | Separate PI + Probate Attorneys | Attorney Recommendation |
| Coordination | Seamless — one firm manages both | Requires constant communication between firms | Single attorney preferred |
| Timeline Management | Synchronized deadlines | Risk of missed probate deadlines | Single attorney preferred |
| Cost Efficiency | Lower combined fees | Duplicated billing for overlapping work | Single attorney preferred |
| Settlement Distribution | Attorney understands both survivor rights and estate obligations | May conflict on allocation strategy | Single attorney preferred |
| Creditor Defense | Probate expertise shields proceeds | PI attorney may lack probate knowledge | Single attorney preferred |
When a Single Wrongful Death and Probate Attorney Works Best
For most Florida families, hiring a probate and wrongful death lawyer Florida who handles both the estate administration and the wrongful death lawsuit is the most efficient path.
This is especially true when the estate is straightforward, there are no contested personal representative appointments, and the primary goal is maximizing recovery for the survivors while meeting all probate requirements.
When Separate Counsel May Be Necessary
In complex cases—such as those involving disputes among family members about who should serve as personal representative, competing claims to the estate, or situations where the personal representative has a potential conflict of interest—separate counsel for the probate and wrongful death portions may be warranted.
We at Lorenzo Law evaluate each case individually and will recommend co-counsel arrangements when the facts demand it.
When the Personal Representative Is Not a Family Member
Florida allows the court to appoint a non-family personal representative, including a professional fiduciary or a court-appointed administrator, when family members are unable or unwilling to serve.
In wrongful death cases, this can occur when there are disputes among survivors or when the decedent died intestate with no obvious candidate.
When Wrongful Death Probate Is Required in Florida Cases
Probate required wrongful death lawsuit Florida — this is not a suggestion; it is a legal mandate. Every wrongful death claim in Florida requires an open probate estate with a court-appointed personal representative.
This applies whether the death resulted from a car accident, medical error, workplace incident, or any other act of negligence. There are no exceptions.
Florida Statutes and Deadlines Governing Wrongful Death Probate
The key statutory framework includes:
• Florida Statute § 768.16–768.26 (Florida Wrongful Death Act): Defines the cause of action, identifies survivors, and governs damages.
• Florida Statute § 768.20: Requires the personal representative to bring the wrongful death action.
• Florida Statute § 733.301–733.305: Governs appointment and priority of personal representatives.
• Florida Statute § 768.24: Requires probate court approval for wrongful death settlements.
• Two-Year Statute of Limitations: Measured from the date of death, not the date of probate.
Critical Steps You Cannot Skip in a Florida Wrongful Death Case
We cannot overstate this: the opening estate for wrongful death claim process is a mandatory prerequisite. The following steps are non-negotiable:
• Filing a Petition for Administration and obtaining Letters of Administration before initiating wrongful death litigation.
• Appointing a guardian ad litem for any minor beneficiaries before any settlement can be approved.
• Obtaining probate court approval of the wrongful death settlement and the proposed distribution plan.
• Complying with the two-year statute of limitations for filing the wrongful death claim.
• Filing a proper creditor notice under Florida’s probate code to protect against post-settlement claims.
How Lorenzo Law Evaluates Wrongful Death Probate Cases
As a firm that practices at the intersection of probate and wrongful death law, we evaluate every case based on several criteria that most wrongful death lawyers in Florida overlook:
• Is the proposed personal representative eligible and willing to serve under Florida Statute § 733.302–733.303?
• Are there disputes among survivors that could delay the personal representative appointment?
• Does the estate have independent creditor issues that could complicate settlement distribution?
• Are minor children among the survivors, triggering guardian ad litem requirements?
• Has the two-year statute of limitations created urgency requiring expedited probate filing?
Risks and Benefits of Dual-Practice Wrongful Death and Probate Representation
Benefits: Unified strategy across both proceedings. Faster resolution because one attorney manages all deadlines. Reduced legal costs from eliminating duplicated effort. Better settlement distribution outcomes because the attorney understands both wrongful death survivor rights and probate distribution rules.
Risks of NOT using dual-practice counsel: Missed probate deadlines that jeopardize the wrongful death claim. Improperly structured settlements that expose proceeds to creditor claims. Failure to appoint a guardian ad litem, resulting in settlement rejection by the court. Disputes between separate attorneys about strategy and allocation.
Wrongful Death Probate Costs and Timeframes in Florida
The cost of wrongful death estate administration Florida varies based on case complexity. Probate filing fees typically range from $300 to $400, with attorney fees for the probate administration billed either hourly or as a percentage of estate value under Florida Statute § 733.6171.
The wrongful death litigation component is typically handled on a contingency fee basis, meaning no upfront cost to the family.
Timeline: Opening probate and obtaining Letters of Administration can take as little as two to four weeks in uncontested cases.
The wrongful death lawsuit itself may take 12 to 24 months or longer depending on complexity, discovery, and whether the case proceeds to trial.
How long to open probate for wrongful death Florida depends largely on whether the personal representative appointment is contested.
Who Should Hire a Wrongful Death Estate Attorney in Florida?
If you have lost a loved one due to someone else’s negligence, you need a wrongful death estate attorney Florida families rely on for both the probate and litigation components. This is especially true if:
• No probate estate has been opened yet and a wrongful death claim needs to be filed.
• You have been named or wish to serve as personal representative.
• The decedent died without a will (intestate) and the family is unsure how to proceed.
• Minor children are among the survivors and a guardian ad litem is needed.
• There are disputes among family members about representation or settlement distribution.
Alternative Legal Paths When Wrongful Death Probate Seems Overwhelming
Some families wonder whether alternatives exist to the full probate process. The short answer is: for wrongful death cases, formal administration is required.
However, if the decedent’s non-wrongful-death assets are minimal, the personal representative estate wrongful death administration can often be structured to focus narrowly on the wrongful death claim, minimizing unnecessary probate complexity.
We at Lorenzo Law also work with families who have already retained a personal injury attorney but need a estate lawyer wrongful death Florida practitioner to handle the probate side. We regularly serve as co-counsel in these arrangements.
In many cases, coordinating both aspects of the case is essential to avoid delays and ensure the claim is properly pursued. An experienced Florida wrongful death lawyer can work alongside litigation counsel to open the estate, obtain the appointment of the personal representative, and handle any probate court approvals that may be required.
A skilled wrongful death attorney Florida families trust understands how these proceedings intersect and can help streamline the process.
Our team frequently collaborates with other wrongful death lawyers in Florida to ensure the probate and litigation components move forward efficiently while protecting the rights of all statutory beneficiaries.
Step-by-Step: How to Open Probate for a Wrongful Death Claim in Florida
1. Consult with a wrongful death and probate attorney. Bring the death certificate, any existing will, and information about the decedent’s family members and potential survivors.
2. Determine the appropriate personal representative. If the decedent left a will, the named personal representative has priority. If intestate, the surviving spouse or next of kin typically qualifies.
3. File the Petition for Administration. This is filed with the circuit court in the county where the decedent resided.
4. Attend the hearing (if required). In uncontested cases, the court may enter the order without a hearing.
5. Obtain Letters of Administration. This document is your legal authority to act on behalf of the estate.
6. File the wrongful death complaint. Your attorney files the civil lawsuit in the appropriate jurisdiction.
7. Manage both proceedings concurrently. The probate estate remains open throughout the wrongful death litigation.
8. Seek court approval of any settlement. File a Petition for Approval of Settlement with the probate court.
9. Distribute proceeds to survivors. The personal representative distributes the wrongful death settlement according to the approved plan.
10. Close the estate. Once all claims are resolved and proceeds distributed, the probate estate can be formally closed.
How a Florida Wrongful Death Attorney Proves Liability and Damages
When a family is shattered by a fatal accident, the path to recovery depends entirely on the ability of your florida wrongful death attorney to establish three things: a legal duty, a breach of that duty, and causation.
Under Florida Statute § 768.19, when a person’s death is caused by a “wrongful act, negligence, default, or breach of contract,” the estate is entitled to pursue a civil action.
As an experienced wrongful death attorney, I know that insurance companies often attempt to shift blame onto the deceased to invoke Florida’s comparative negligence standards under F.S. § 768.81, which can diminish the total financial compensation available to certain surviving family members.
Whether the loss involved medical malpractice, motor vehicle accidents, or dangerous drugs, our legal team meticulously gathers evidence to identify all liable parties.
We look beyond the surface of a fatal accident to uncover the legal responsibility of negligent parties, ensuring that wrongful death victims are not just a case number.
By initiating a wrongful death suit, we seek justice for the emotional trauma and mental anguish that follow an untimely death.
Our goal is to secure a fair settlement that accounts for the full spectrum of wrongful death damages, including both economic and non economic damages.
Recovering Compensation for Survivors of a Fatal Accident
Following a fatal accident, the financial burdens on a family can be catastrophic. Wrongful death lawyers in florida must be adept at calculating lost income and lost wages that the decedent would have provided to their dependents.
Under F.S. § 768.21, survivors can recover compensation for the loss of support and services from the date of the decedent’s injury to their death, with interest.
Furthermore, a wrongful death attorney florida will fight for the recovery of medical expenses and funeral expenses (including burial expenses) paid by the survivors or the estate.
We understand that most wrongful death cases are not just about the money; they are about securing legal representation that understands the depth of your mental pain and pain and suffering.
For those who have lost a spouse or a parent, we also seek compensation for lost parental companionship, instruction, and guidance, ensuring your legal rights are fully protected.
Special Considerations for Medical Malpractice and Negligent Driver Liability
In medical malpractice cases, the decedent’s personal representative faces unique hurdles. Unlike standard personal injury cases, medical malpractice requires a rigorous presuit investigation under Chapter 766, Florida Statutes.
An experienced wrongful death attorney must navigate the “Free Kill” loophole of F.S. § 768.21(8), which prevents certain adult children from recovering non economic damages in medical error cases.
This is why having a florida wrongful death lawyer who understands these specific exclusions is vital to your legal action.
Conversely, in cases involving a negligent driver and motor vehicle accidents, the focus is often on proving the driver’s breach of legal responsibility.
We investigate whether punitive damages under F.S. § 768.72 are applicable if the negligent parties acted with intentional misconduct or gross negligence.
Whether the case involves a deceased minor child or an elderly parent, we ensure that wrongful death damages accurately reflect the mental anguish and loss of life’s pleasures that the family has endured.
The Role of the Personal Representative in Florida Wrongful Death Claims
Under the Florida Wrongful Death Act, the decedent’s personal representative is the only individual authorized to bring a wrongful death suit on behalf of the survivors and the estate (F.S. § 768.20).
This creates a mandatory link between the legal process of probate and the pursuit of fair compensation.
Choosing the right wrongful death lawyers in florida means finding a firm that can manage the formal administration of the estate while simultaneously litigating against the liable parties.
From filing the initial legal action to obtaining probate court approval for a settlement, our legal team manages every detail.
We work to ensure that wrongful death proceeds are shielded from estate creditors where possible and that lost income is distributed fairly among the certain surviving family members.
By securing legal representation early, you ensure that the two-year statute of limitations is met and that your legal rights to seek justice are never compromised by procedural delays.
Documents and Requirements Checklist for Wrongful Death Probate
• Certified copy of the death certificate
• Original last will and testament (if one exists)
• Completed Petition for Administration
• Oath of Personal Representative
• Designation of Resident Agent (if personal representative resides outside Florida)
• Bond (if required by the court or will)
• Notice to Creditors (published in local newspaper)
• Inventory of estate assets (if applicable)
• Petition for Appointment of Guardian Ad Litem (if minor beneficiaries exist)
• Wrongful death complaint and civil cover sheet
Credentials and Professional Standing
• Jose M. Lorenzo, Jr., Esquire — Florida Bar Member
• Practices in probate, estate administration, wrongful death, and family law
• Serves clients across multiple Florida jurisdictions including Miami-Dade, Broward, and Osceola counties
Legal Disclaimer: This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Results in prior matters are not guarantees of future outcomes. Consult a licensed Florida attorney for advice specific to your situation.
Frequently Asked Questions About Wrongful Death Probate in Florida
What happens to wrongful death settlement in probate?
The wrongful death settlement proceeds are distributed by the personal representative to the statutory survivors as approved by the probate court. These proceeds generally pass outside the estate and are not subject to the decedent’s debts or regular estate distribution rules.
What is the difference between wrongful death and estate claim in Florida?
A wrongful death claim compensates the survivors for their losses (loss of companionship, support, and services). An estate claim recovers damages that belong to the estate itself (such as the decedent’s medical bills and lost earnings from the date of injury to death). Both are filed by the personal representative but compensate different parties.
Who gets wrongful death money in Florida?
The statutory survivors as defined by Florida Statute § 768.18—typically the surviving spouse, children, parents, and in some cases, dependent blood relatives or adoptive siblings. The personal representative distributes the proceeds according to the court-approved plan.
How long does it take to open probate for a wrongful death case in Florida?
In uncontested cases, the probate estate can be opened and Letters of Administration issued within two to four weeks. Contested personal representative appointments can add months.
Does Florida require court approval for wrongful death settlements?
Yes. Under Florida Statute § 768.24, the probate court must approve the settlement amount and the distribution plan. This protects all survivors, especially minor children.
Can you settle a wrongful death case without opening probate in Florida?
No. A valid settlement requires a court-appointed personal representative to negotiate and execute the settlement, and the probate court must approve the distribution.
What is the statute of limitations for a wrongful death claim in Florida?
Two years from the date of the decedent’s death. This deadline applies regardless of whether probate has been opened.
How are wrongful death settlements paid out in Florida?
After probate court approval, the personal representative distributes the settlement to the statutory survivors. Funds for minor children are typically placed in a court-approved guardianship or structured settlement.
Do wrongful death proceeds go to estate creditors in Florida?
Generally no. Wrongful death proceeds are paid to the statutory survivors and are not considered estate assets. However, the estate’s own debts (pre-death medical bills, etc.) may be addressed separately through probate.
Why should I hire an attorney who handles both wrongful death and probate?
Because Florida requires both a probate estate and a wrongful death lawsuit to work in tandem. A lawyer for wrongful death estate Florida families trust should understand both areas to avoid missed deadlines, protect settlement proceeds from creditor claims, and ensure fair distribution to all survivors.
Free Consultation with Our Florida Law Firm
At Lorenzo Law, we understand that the untimely death of a family member is an unimaginable tragedy. Navigating the legal process while dealing with emotional trauma can feel like an impossible burden.
As a dedicated law firm, we are committed to supporting grieving families by providing compassionate and aggressive legal representation.
If you are seeking a wrongful death attorney florida, our legal team is here to protect your legal rights and fight for a fair settlement. We believe that securing legal representation should be the first step toward finding peace of mind during this difficult time.
Whether you need a florida wrongful death attorney or experienced wrongful death lawyers in florida, we have the expertise to guide you through your loved one’s untimely death with the care it requires.
Areas Served Across Florida
We proudly serve clients in the following major cities and counties throughout the Sunshine State:
| Region | Counties | Major Cities |
| South Florida | Miami-Dade, Broward, Palm Beach | Miami, Fort Lauderdale, West Palm Beach, Boca Raton, Hollywood |
| Central Florida | Orange, Osceola, Seminole, Polk, Brevard | Orlando, Kissimmee, Sanford, Lakeland, Melbourne |
| Tampa Bay Area | Hillsborough, Pinellas, Pasco | Tampa, St. Petersburg, Clearwater, Brandon |
| North Florida | Duval, St. Johns, Leon, Alachua | Jacksonville, St. Augustine, Tallahassee, Gainesville |
| Southwest Florida | Lee, Collier, Sarasota | Fort Myers, Naples, Sarasota, Cape Coral |
Contact Lorenzo Law Today
Take the first step toward justice. Our law firm offers a free consultation to discuss your case in either English or Spanish.
Speaking with an experienced Florida wrongful death lawyer can help you understand your rights, the role of probate in the claim, and the legal options available to your family.