By far, the worst situation for any family is the sudden death of a loved one especially when the reason is the negligence or carelessness of another person. Florida law has specific provisions that dictate not only who can bring the claim on behalf of the deceased but also who can collect damages. Sometimes these laws and family trees become quite complex. It is important that you consult with a lawyer who has experience, not only with car wreck cases, but also one that has handled these cases through trial. Wrongful Death cases from truck and car wrecks are also different that other cases since many times the “other driver” is not the only potential defendant in the case. Things like potential theories against car manufacturers, road designers and other “collateral” parties must be considered given the gravity of the harm caused.
Further, wrongful death cases require that the injury lawyer have an estate lawyer who can handle all of the probate work that must be done prior to anything being handled. In fact, a probate lawyer is necessary to even properly sign a contract with a lawyer since only the “personal representative” of a deceased person can legally sign such a contract. In order to become a “personal representative” for purposes of a wrongful death case, the probate lawyer has to file paperwork and provide notice to all individuals in the family who also may have the right to serve as a personal representative.