Common Probate Challenges in Florida Personal Injury Cases

When someone passes away due to an accident, their loved ones may pursue a personal injury or wrongful death claim. In Florida, these claims often require opening a probate case to appoint a personal representative (PR) who can act on behalf of the estate. While this step is necessary, the probate process can bring unique challenges that may affect the case and its timeline.

Disputes Among Heirs

One of the most common hurdles in probate is disagreements among family members. Heirs may argue over who should serve as personal representative or how any future settlement should be distributed. These disputes can cause significant delays and may even require court intervention before the personal injury case can move forward.

Delays in Appointing a Personal Representative

Until a PR is officially appointed by the probate court, no one has the legal authority to pursue a claim on behalf of the estate. If family members disagree on who should serve, or if the necessary paperwork isn’t filed promptly, the personal injury case may be put on hold. This delay can also impact negotiations with insurance companies.

Creditor Claims on Settlements

Even after a settlement is reached, the estate must address outstanding debts. Creditors—such as hospitals, credit card companies, or government agencies—may file claims against the estate. These claims must be resolved before heirs receive their share of the settlement, which can reduce the amount ultimately distributed to the family.

Navigating Both Processes

Personal injury cases are already complex, and adding probate to the mix can feel overwhelming. Families must balance the legal requirements of probate while also seeking justice for their loved one. Working with an attorney experienced in both probate and personal injury law can help ensure deadlines are met, disputes are minimized, and the estate is properly represented in negotiations or court.

Probate is often unavoidable in Florida personal injury cases, but understanding the common challenges—family disputes, appointment delays, and creditor claims—can help families prepare. With the right guidance, these challenges can be managed, allowing families to focus on securing justice and fair compensation.

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.