Empowering You with Aggressive Representation

An attorney files a claim and lawsuit for damages resulting from the victim’s wrongful death as a result of negligent, reckless, or criminal activity of a person or entity. It is similar to a personal injury case in that criteria for compensation needs to be evaluated and the death needs to be proven due to the acts of another person or entity.

The survivors are entitled to make a claim for wrongful death. The survivors include the descendant’s spouse, parents, and dependants of the decedent for support or services. It includes adoptive brothers and sisters. It includes the child born out of wedlock of a mother and the child born out of wedlock of the father, if the father is responsible for the child’s support.

The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages. Each survivor may recover the value of lost support and services from the date of death to the expected lifespan of the decedent. A surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of the injury. Minor children may also seek these damages.

Through the court probate process, a deceased person’s assets are distributed to the heirs of the estate. In Florida, probate cases require the personal representative to have an attorney. The personal representative is designated in the Will. If there is no Will, the Court will designate the personal representative. In other states, the personal representative is commonly referred to as the Executor or Executrix, depending on gender.

In Florida, the probate process can be straightforward or contentious depending on the purported heirs and creditors. Creditor bills are not forgiven and the estate will be required to examine all of the creditors’ claims. Creditors must make a claim against the estate within 20 days after the Notice of Administration is filed with the Court.

There are many grounds for contesting a decedent’s Last Will and Testament. These issues may include Breach of Fiduciary Duty, Abuse of Power of Attorney, Lack of Mental Capacity/Undue Influence/Fraud, Lack of Formalities of the Construction of the Will, and many more.

It is important for family members or other friends of the deceased to know if there is a Will and who has access to the Will, when the Testator dies. A Will in a safety deposit should have a designation of who shall have access to the Will, as specified in the Will to avoid difficulties in obtaining the Will upon the Testator’s death. A Will is worthless unless there is knowledge of the existence of the Will and the location of the Will.