What to do when a loved one dies in a car accident in Florida Filing a claim
The first step in recovering damages in Florida is filing a claim against all of the potential responsible parties and their insurance companies. Our office will work diligently to locate those individual and insurance companies to begin the claims process. Putting Defendants and insurance companies on notice immediately is essential for a speedy completion of this traumatic process.
Insurance companies know that you have been through a traumatic experience and you may lack the energy and will to pursue claims. They will often send documentation to you immediately to settle their responsibility before you have the opportunity to consult with an attorney
. Their insensitive tactics can result in you not recovering what you are rightfully entitled to. Some ruthless insurance companies may even try to get you to sign a Florida wrongful death claim
settlement release for hundreds of thousands or millions of dollars less than you are entitled to!
Through hard work and persistence, the Fatal Car Accident Attorneys
at the Law Offices of Jason Turchin
will investigate the accident to determine liability and will fight to hold all responsible parties accountable for your loss. There is often more than one party involved and more than one avenue to recover damages. Here at our office, we know the law and what you are entitled to.
How do I set up a Florida Fatal Car Accident Claim?
The investigation stage involves determining liability, contacting witnesses, pulling street surveillance cameras if available, securing evidence, taking photographs and video, and doing anything necessary to facilitate recovery for damages. Our Car Personal Injury Attorneys
will work aggressively on your behalf and get the answers you deserve.
What is probate?
When there is a loss of a life in an accident, a personal representative must be appointed to manage the estate and pursue the claim on behalf of the survivors. Our Florida Probate and Estate Attorneys
will handle appointing the personal representative of estate and then open the probate estate.
Is probate necessary?
In Florida, Probate
is the legal process of identifying assets of the deceased, paying the debts of the deceased individual, and then distributing the assets to the beneficiaries. It also includes making all claims on behalf of the person who died in the Florida motor vehicle accident
What is a personal representative?
Whether there is a will or not, probate is necessary to make sure the assets of the deceased person go to the beneficiaries. Even with a will, the probate court of Florida must accept the will in order for the assets to be distributed accordingly. When there is not a will, probate is even more important. It is necessary in order to pass the assets of the deceased down to the individuals entitled to them by Florida law. In addition, when a loved one passes unexpectedly, there are financial obligations that must be taken care of. Probate is necessary in order to close any debts that were left open. Florida's Wrongful Death Act
also requires that any wrongful death claim in Florida
be filed on behalf of the Estate, even beneficiary claims.
The personal representative, in these circumstances, is an individual appointed by the court to manage the pursuit of claims against any persons or entities at fault for the accident and to manage the distribution of assets through the probate process. If the decedent was married, the surviving spouse will often be the personal representative. If the decedent was not married, the personal representative must be agreed upon by all heirs of the decedent or if not, the court may decide. Sometimes a trust can even be set up to be the personal representative. Our office will help establish the personal representative and start the probate process immediately. What is a probate asset?
In Florida, a probate asset is anything that the deceased owned or co-owned at the time of death and was not left in another person’s name at the time of death. The following are some examples of probate assets:
-Bank or investment accounts in the name of the deceased at the time of death, excluding those held jointly with right of survivorship or those transferable to another upon death.
-Life insurance policy
made payable to the estate
-Annuity contract made payable to the estate
-Individual retirement account made payable to the estate
-The decedent’s real estate in their sole name
-A potential wrongful death claim
The above are a few examples of what an asset can be. The process can include many more types of assets. Figuring out what goes to who can be a stressful, time consuming, and emotional process. Our Probate Attorneys know the law and can work in conjunction with our Personal Injury Attorneys to ensure a speedy closure to this difficult process. What is a creditor claim?
The unexpected passing of a loved one leaves many loose ends financially. If your loved one had any outstanding debts, the creditor has the right to file a claim against the estate. It is the job of the personal representative, and our attorneys, to place creditors on notice of the decedent’s passing. If there are outstanding debts, the creditors have the right to pursue them. With the help of an experienced Probate attorney at our office, you don’t need to worry about taking care of this on your own. We will handle the appointment of the personal representative, the notice to creditors, and the distribution of assets according to Florida law.
Creditor claims don't always mean they get any money from your FL car accident wrongful death claim. Creditors may overcharge, overbill, double bill, or submit frivolous claims for money they are not entitled to collect. Our experienced probate attorneys will work to strike or negotiate any of the creditor claims to try and maximize your recovery. Often, wrongful death settlements in Florida
are not collectable by any creditor if the settlement does not apportion any money to the estate. Creditors can generally only collect money against the estate's assets, not the portion going to a beneficiary.
Here at the Law Offices of Jason Turchin
, we know how difficult this process is for you. We understand you have unanswered questions and concerns regarding your loved ones belongings and accidental death claim. You have suffered a traumatic event and the results can be even more devastating without the help of experienced Wrongful Death Attorneys
and Probate Attorneys. We can handle every step from beginning to closure. We understand that nothing can bring back a loved one, but with our hard work, compassion, and persistence, we can help with getting you through this difficult process.
Call our office at 888-99-VICTIM or (800) 337-7755 for a FREE CONSULTATION. We handle Fatal Car Accident
cases in Tallahassee, Jacksonville, Gainesville, Orlando, Ft Pierce, Largo, Melbourne, Ocala, Kissimmee, West Palm Beach, Palm Beach Gardens, Ft. Lauderdale, Miami, Key West, and throughout the entire state of Florida.
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