When an Accident Becomes a Family’s Legal Burden: Personal Injury, Wrongful Death, and Probate

A serious accident can change a family’s life in seconds. Beyond medical bills and lost income, an injury that results in death can leave loved ones facing funeral expenses, financial uncertainty, and complicated legal matters.

In Florida, when someone dies because of another party’s negligence, their family may need to navigate a wrongful death claim and probate at the same time.

Probate is the legal process of administering a deceased person’s estate. Depending on the circumstances, a personal representative may need to be appointed to manage the estate and pursue a wrongful death claim on behalf of eligible survivors and the estate.

But here’s what many families may not realize: compensation from a wrongful death claim does not necessarily become part of the deceased person’s estate. Certain damages may belong to eligible survivors, while others may be recoverable by the estate under Florida law.

What if your loved one had already filed a personal injury claim before passing away? The next steps depend on whether the injuries caused the death. A fatal injury may give rise to a wrongful death action, while a claim involving an unrelated death may be handled differently.

These situations can be emotionally and financially overwhelming. Understanding your legal options and having a plan in place can help your family navigate unexpected circumstances with greater clarity.

Protecting your family means planning for the unexpected, too.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.