When the at-fault driver dies before or during a wrongful death lawsuit, Florida's Wrongful Death Act makes the wrongdoer's personal representative the defendant, and the claim is made against the wrongdoer's estate.
This procedural shift does not eliminate compensation rights; it creates jurisdictional probate deadlines that operate independently of the wrongful death statute of limitations. Florida's probate nonclaim statute establishes a jurisdictional two-year deadline from the wrongdoer's death for filing estate claims, which courts enforce as a statute of repose that completely bars late claims.
Who Brings the Wrongful Death Action
When someone dies in a car accident caused by another driver's negligence, the personal representative files a lawsuit identifying the survivors who will receive compensation. This is separate from any personal injury claim your loved one might have had before death; when an injury results in death, the personal injury action abates, and the Wrongful Death Act creates its own remedy and procedures.
The Defendant Becomes the Wrongdoer's Personal Representative
If the at-fault driver dies before the wrongful death lawsuit is filed or while the action is pending, Florida statute designates the wrongdoer's personal representative as the proper defendant. The claim proceeds against that representative and the wrongdoer's estate. This means families seek recovery from the at-fault driver's estate assets and liability insurance coverage rather than directly from the individual who caused the death.
Strict Time Limits Apply to Claims Against Estates
Section 733.710 of Florida's probate code establishes a brief, jurisdictional time limit requiring claims against an estate to be filed quickly. Claims are barred two years after the wrongdoer's death unless an exception applies. Courts treat this two-year nonclaim period as a statute of repose and enforce it without leniency, requiring families to act immediately when the at-fault driver has died. Unlike other probate claim deadlines that may be extended for good cause, 733.710 operates as a strict statute of repose and is not subject to waiver or equitable tolling.
Florida's statute of limitations requires that wrongful death suits be filed within two years of the death. Upon the death of the at-fault driver, families are faced with time limitations for filing claims due to the wrongful death statute of limitations and the probate nonclaim deadline.
Damages Available in Wrongful Death Cases
Certain cases recognize limited exceptions when claimants seek recovery only from casualty or liability insurance up to policy limits, but these exceptions are constrained and have been subject to conflicting appellate precedent. The courts carefully apply statutory nonclaim provisions and insurance exception rules in every case, requiring experienced legal guidance.
Florida's wrongful death statute enumerates recoverable damages, including lost support and services both past and future, loss of companionship and protection for spouses, mental pain and suffering claims for parents and children, medical and funeral expenses, and loss of prospective net accumulations to the estate. The statute requires that potential beneficiaries be identified in the complaint filed by the personal representative.
How The Law Offices of Sean M. Cleary Help Families Pursue Wrongful Death Claims When the At-Fault Driver Dies
When the at-fault driver in a wrongful death case dies, the victims' family must act quickly to preserve their rights under both wrongful death statutes and probate nonclaim rules.
The Law Offices of Sean M. Cleary understands the procedural requirements for pursuing claims against deceased wrongdoers' estates or liability insurers and helps families navigate these complex requirements during an already difficult time.
If a loved one died due to the negligence of a driver who eventually passed away, contact our Miami office for more information about your legal options and to find out if you have legal grounds to file a claim.