Someone has been involved in a personal injury accident and has a claim pending, but passes away before the case is completed. That presents a situation that combines personal injury with estate administration, and not knowing how to navigate it can be challenging. You must ensure that the personal injury claim is followed through until compensation is awarded, while also ensuring the effective administration of the deceased’s estate.
This article serves as a reference for handling the intersection between personal injury and estate administration.
Understanding the Difference Between Survival Actions and Wrongful Death Claims
One key question many people ask after a personal injury claim is whether the claim survives even after the victim’s death. To answer this question, it is essential to understand the distinction between survival actions and wrongful death claims. A survival action arises when a personal injury victim dies as a result of causes that are not directly related to the accident. A wrongful death claim, on the other hand, occurs when the victim’s death is directly caused by the accident.
“In a survival action, compensation received goes directly to the deceased’s estate, while in a wrongful death claim, it goes to the survivors or their heirs,” says attorney Samah T. Abukhodeir of The Florida Probate & Family Law Firm.
Why Avoiding Probate Matters When Dealing with a Personal Injury Claim
Probate can sometimes be a time-consuming process, and poor planning can extend this time even further. Not only will you have to deal with numerous claims from creditors, but you may also have distant relatives springing up trying to lay claim to some part of the estate. Avoiding probate means you do not have to deal with all of these while still trying to get compensation from your personal injury claim.
One approach to this is to consult with an estate attorney, which will enable your estate to be appropriately structured, making estate administration easier.
What Legal Tools Do You Need for Smoother Transfers?
Here are the tools and strategies Florida families (and their attorneys) can use to keep things moving efficiently:
Consider Disposition Without Administration for Small Estates
The deceased may have left behind only a few assets, with no specific real estate holdings. In this case, a more straightforward route, like disposition without administration, can be considered. Although a faster approach, it is essential to note that this method has a limited scope and may require guidance. It is recommended that you consult with an attorney who understands the process for legal advice.
Get a Formal Estate Opening for Larger Claims
When there is a substantial personal injury case, you will need to show that there is a formal estate proceeding in place. To do this, it is ideal that you immediately appoint a personal representative who should be a close relative and a Florida resident. By appointing a personal representative promptly, the personal injury attorney can proceed smoothly with the claim.
Opt for structured settlements and Trusts
If minors or disabled adults are among the beneficiaries, Florida courts may require that the funds be placed in a structured settlement or a court-approved trust. The goal of this is to prevent mismanagement of funds, avoid ongoing guardianship, and reduce exposure to any possible dispute.
Communication Between Attorneys Involved in the Case Is Essential
When dealing with a personal injury claim and estate administration, you may have to work with two separate attorneys who are skilled in both aspects. To ensure the process is fast and smooth, there is a need for steady and honest communication between both parties regarding the case. That way, everyone can be on the same page and know what strategy to engage at every point of the claim or estate administration.
Conclusion
In Florida, death does not automatically end a personal injury claim; instead, it can make it a lot more complex. With the proper knowledge and approach, families can ensure they are not caught up in this web. A good way is to speak to a probate attorney in Florida to discuss your case’s specifics and get proper guidance.
