Who Has the Right to File a Wrongful Death Auto Claim?

The personal representative of the deceased person’s estate has the legal right to file an auto accident wrongful death claim. This personal representative is named in the deceased’s will or appointed by the court. After this appointment, Florida law authorizes the personal representative to act on behalf of the surviving family members and the estate. Without this legal authority, a wrongful death claim cannot proceed.

With recognition as a 2017 ASLA Top 100 Lawyer, our Florida wrongful death attorneys at Todd Miner Law help establish the personal representative’s legal authority and ensure the claim is filed correctly. Our wrongful death lawyer also handles court filings, probate coordination, and communications with insurers to protect the family’s rights. Call 407-894-1480 for a free consultation.

Which Family Members Are Eligible to File a Wrongful Death Claim in Florida?

A surviving spouse or adult children hold the primary legal right to file Florida wrongful death claims under Florida law. If no surviving spouse exists, the decedent’s children, including dependent children born out of wedlock, may pursue the claim. In cases where neither a spouse nor children survive, the deceased’s parents have the legal right to file a wrongful death case.

Other than that, the following family members can also be eligible to pursue a wrongful death claim:

• Financially dependent siblings
• Adopted siblings who were dependent on the deceased person
• Other blood relatives who were financially dependent on the deceased

Do You Have to Open a Probate Estate to File a Florida Wrongful Death Claim?

Yes, you must open a probate estate to file a Florida wrongful death claim. It grants you the legal authority to represent the estate and pursue the claim on behalf of surviving family members. Without this court appointment, you cannot file the claim, negotiate a settlement, or make binding litigation decisions.

To start the probate process, you must petition the probate court in the county where the deceased lived. Then, the court issues letters of administration granting you authority as personal representative. Once appointed, you must identify all eligible survivors and act on their behalf as the wrongful death claim moves forward.

What Rights Surviving Spouses Have in Fatal Car Accident Cases?

A surviving spouse has the legal right to recover financial and emotional losses after a fatal car accident. Florida law allows the surviving spouse to recover the value of lost income, benefits, and services the deceased would have provided. Besides that, the surviving spouse also holds priority status as a statutory survivor. For example, the surviving spouse will receive compensation before other eligible family members.

In addition, a surviving spouse may pursue the following economic and non-economic damages after the death of the deceased:

• Mental pain and suffering resulting from the loss
• Loss of future financial support and household services
• Statutory protections that preserve survivor rights throughout the legal process

What If the Deceased Had No Spouse or Children and Only Siblings?

When the deceased left no spouse, children, or grandchildren, the estate goes to the parents (split equally if both are alive) under Statute 732.103. If only one parent is alive, that parent receives the entire estate. However, if there are no surviving parents, the estate passes to brothers and sisters. If a sibling has already died, that sibling’s children receive their share.

In cases where no siblings or their children survive, Florida law applies the following statutory order of succession to identify the next eligible family members:

1. Grandparents are entitled to the estate first from each side if they are alive
2. If no grandparents survive, aunts and uncles may receive the estate
3. When aunts and uncles die, the children of deceased aunts or uncles may receive their share
4. If no grandparents, aunts, uncles, or their children survive, the estate passes to the family of the deceased’s last spouse.

How Long Do Families Have to File a Wrongful Death Auto Accident Claim in Florida?

You generally have two years from the date of death to file a wrongful death auto accident claim in Florida under Statute § 95.11. The statute of limitations begins on the date of death, regardless of when the accident occurred. If you fail to file within this deadline, you usually lose the right to recover wrongful death compensation. However, the deadline may pause if the responsible party intentionally conceals their identity after the accident.

At Todd Miner Law, our wrongful death lawyers monitor statutory timelines, identify potential exceptions to deadlines, and file all required documents on time. Our legal team also guides you through each step of the legal process to prevent costly procedural mistakes that could weaken your claim. Schedule your consultation today for legal guidance.

Can the Estate Recover Damages Separate From the Family’s Losses?

Yes, the estate can recover damages separate from the family’s losses, such as economic losses the deceased personally suffered before death. These recoverable losses include medical expenses paid by the estate and funeral expenses. Besides that, the estate may also recover net accumulations, which represent the assets the deceased would have saved and left to heirs (if the deceased had lived a full natural lifespan).

In addition, the estate may also recover the following losses related to the deceased’s death:

• Lost wages before death, representing the income the deceased would have received between injury and death.
• Lost employment benefits, such as retirement contributions, bonuses, and health benefits, the deceased would have received.
• Survival pain and suffering, if the deceased experienced pain between injury and death.

Are Punitive Damages Available in Florida Fatal Car Accident Cases?

Yes, punitive damages are available in Florida fatal auto accident cases under limited circumstances. Courts award these damages only when the crash resulted from gross negligence or intentional misconduct. For example, if the fatal accidents are caused by drunk driving, street racing, or extreme speeding, the court may award punitive damages to punish the responsible party. To recover punitive damages, the personal representative should present clear and strong evidence beyond ordinary negligence.

Contact Todd Miner Law After a Wrongful Death Car Accident Claim in Florida!

The sudden loss of a loved one can leave you struggling with grief, emotional shock, and the loss of financial support. At the same time, you must handle complex wrongful death claims, which include probate filings, survivor designations, and strict legal deadlines. Managing these legal responsibilities while grieving can be very difficult.

Our legal team at Todd Miner Law has in-depth knowledge of the insurance practices and court procedures specific to the Orlando, Lake Mary, and Tavares jurisdictions. By using our local experience, we gather evidence, calculate all recoverable damages, and pursue full compensation to protect your family’s future. Call us at 407-894-1480 or visit our Orlando office to get trusted legal guidance.

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