Wrongful death lawsuits are different than other types of personal injury cases. The person who suffered the physical injury cannot file a lawsuit, and there are often many people hurt and grieving from the sudden loss of a loved one. However, not everyone who is grieving may file a wrongful death lawsuit.
The Personal Representative Is the Wrongful Death Plaintiff
Florida only allows the personal representative of the estate to file a wrongful death lawsuit.
The personal representative, sometimes referred to as the executor or executrix, may be named in the decedent’s will or estate plan. If there is no will or estate plan that names a personal representative, the court will appoint one.
While the personal representative must be the one to file the lawsuit in court, the personal representative is not filing the case for their own benefit. Instead, any settlement money or court compensation will be for the benefit of the estate and immediate family members such as a spouse, children, parents, and others who were financially dependent on the person who died.
Are You a Personal Representative?
If you are named personal representative by the decedent or the court, you’re likely to have many questions about how to handle the affairs of the person who died and filing a wrongful death case, including:
- How long do I have to file a case?
- How do I file a wrongful death case?
- What’s expected of me after I file a wrongful death case?
- How will I prove my case?
- Will I incur any personal expenses if I file a case?
- Why is it important for me to file a lawsuit?
You deserve honest and complete answers to all of your questions. Let Florida wrongful death attorney Coy H. Browning review your possible case, free of charge, and provide you with the answers you need. Call us today to schedule your free, no-obligation consultation.