Huge Win for Families & Florida Estates in Wrongful Death Suits
If you have been involved in the unexpected loss of a loved one, a family member, through medical malpractice, you know that it’s a trying time for family members and the Florida estate. You are stuck dealing –struggling–with loss as well as Florida estate matters involving money, death benefits, Florida probate and potentially a Florida wrongful death lawsuit. Challenging to say the least for next of kin and Palm Beach heirs at law. After all, who wants to deal with lawyers and issues of money and property after you just lossed someone very dear to you ?
On March 13, 2014, the Florida Supreme Court struck down as un-Constitutional, the “cap” on wrongful death medical malpractice noneconomic damages.
Q: Why does this matter to Florida estates and heirs at law?
A: Because a Florida wrongful death lawsuit is brought by the Personal Representative of the Florida estate.
Florida Personal Representative Handles Wrongful Death Lawsuit
A personal representative is the person or persons who runs or administers the Florida estate of the person who passed away. They are sometimes called estate administrators or estate executors in other states.
The personal representative in Florida must file any wrongful death lawsuit and is charged with handling that litigation. If you win at trial, it’s your job to inform the Palm Beach probate court where you are administering the estate. The probate judge will hear how you suggest the wrongful death proceeds should be distributed to family members based on a number of considerations. For this work, a Florida personal representative may also be compensated, reasonably.
Knowing how family members and next of kin receive wrongful death proceeds from a Florida wrongful death lawsuit is an important part of the Florida probate attorney’s role.
Q: How will the Palm Beach probate court divide the Florida wrongful death lawsuit recovery?
Sometimes, various family members and next of kin— Florida heirs— get into a disagreement on who gets what. If you can’t agree on how to split the recovery, a judge will decide. That means you then have a Palm Beach probate trial.
And don’t forget battling with creditors of the Palm Beach estate: there are special rules for how Florida wrongful death money is divided or used, and who can get it and who can’t. Sometimes, creditors –non family members — of the deceased Palm Beach resident may make a claim to the wrongful death money–which typically “goes” to family members. Your Palm Beach probate lawyer will need to know how to deal with estate creditors.
Florida probate lawyers know that sometimes many people want to run the estate, or be appointed personal representative. Everybody wants to be in charge of the Florida wrongful death lawsuit.