Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
In Florida, only a decedents personal representative may file a wrongful death action. Section 768.19 of the Florida Statutes establishes the cause of action and limits filing to the personal representative. You cannot directly sue as a family member or beneficiary without first obtaining that appointment.
To appoint a personal representative, you must open a probate estate. Under Fla. Stat. § 733.201, interested parties file a petition with the probate court in the county where the decedent lived. The court then issues Letters of Administration or Letters Testamentary, formally granting the authority to act on behalf of the estate.
Once appointed, the personal representative may pursue the wrongful death claim under Fla. Stat. § 768.19. Florida law also imposes a two-year statute of limitations for wrongful death lawsuits from the date of death (Fla. Stat. § 95.11(4)(d)). If you delay opening probate, you risk missing this deadline.
For smaller estates under $75,000 (excluding homestead property), Florida offers summary administration under Fla. Stat. § 735.201. This streamlined process still results in a personal representative appointment, enabling a wrongful death suit without full formal administration.
In practice, the probate attorney and wrongful death attorney often work together. The probate attorney secures the representative role, and the wrongful death attorney handles the negligence claim. This coordination ensures you meet procedural requirements and the statute of limitations.
Helpful Hints
- Initiate probate quickly. Prompt filing avoids missing the two-year filing window.
- Gather key documents: death certificate, will (if any), and list of heirs.
- Consider summary administration for small estates to reduce time and costs.
- Track deadlines closely. The statute of limitations cannot be extended for wrongful death claims.
- Hire or consult with both probate and wrongful death attorneys to cover all legal steps.
- Maintain clear communication among heirs to prevent disputes during probate.
- Keep detailed records of expenses related to the accident; they may factor into damages.