Timing of Death After Traumatic Injury

Answer:

In the state of Florida, in order to bring a wrongful death claim, an estate must be established. If there is a surviving spouse, the spouse has the right to be appointed as a personal representative. In some cases, the spouse may give us that right. He may allow two children to be co-representatives. That allows the children to take part in the litigation in a different way than they would otherwise just as statutory survivors of the loss of their parent. If you have a personal representative appointed by a probate attorney, and that’s what we do. We are not probate attorneys so we work with a set of probate attorneys to make sure that all of the laws are satisfied. If the spouse is appointed as the personal representative because they have priority and that spouse dies before the wrongful death case is completed, then the children have the right to be put in place of the spouse who dies as the personal representatives. It doesn’t end the case but it affects the claim of the survivor who now is no longer survived the action but there is still a claim that can be compensated but it ends that claim.