Florida Probate for Mass Tort and Wrongful Death Claims
When a loved one was hurt or exposed and has since passed away, Florida law often requires an estate to be opened before a claim can move forward or a settlement can be paid out. We handle that side of the case.
If someone in your family was affected by Camp Lejeune's contaminated water, Roundup, firefighting foam, talcum powder, paraquat, or another mass tort claim, and that person has since passed away, you're likely dealing with two separate legal problems at once. There's the underlying claim itself, which is usually being handled by a mass tort or personal injury firm. And there's the fact that under Florida law, only a court-appointed personal representative can act on a deceased person's behalf, sign a settlement release, or receive funds owed to their estate. We handle that second problem. If you already have an attorney working the mass tort side, we can open the Florida estate they need opened. If you don't have one yet, we can point you toward attorneys who handle these cases while we get the Florida probate piece moving.
Why These Cases Need a Florida Personal Representative
Florida's wrongful death statute requires that any wrongful death claim be brought by the personal representative of the deceased person's estate, not by family members directly. Several major mass tort programs build the same requirement into how they pay claims. Without a probate case, there's often no one with legal authority to sign a settlement release, negotiate with a claims administrator, or deposit a check made out to someone who has passed away.
Are you the attorney handling one of these cases and need Florida probate co-counsel? See our page for referring attorneys.
Cases We Regularly See This Come Up In
Camp Lejeune Water Contamination
Veterans and family members exposed 1953 to 1987, now pursuing claims under the Camp Lejeune Justice Act.
Roundup / Glyphosate
Non-Hodgkin's lymphoma claims tied to Roundup weed killer exposure.
AFFF Firefighting Foam
PFAS exposure among firefighters and military personnel linked to several cancers.
Talcum Powder, Ovarian Cancer
Ovarian cancer claims tied to long-term talcum powder use.
Talcum Powder, Mesothelioma
Mesothelioma claims tied to asbestos-contaminated talc products.
Paraquat
Parkinson's disease claims tied to the herbicide paraquat.
NEC Baby Formula
Infant deaths linked to cow's-milk-based preterm formula.
Hair Relaxer
Uterine, ovarian, and endometrial cancer claims tied to chemical hair relaxer use.
Philips CPAP / BiPAP Recall
Cancer and related claims tied to recalled sleep apnea machines.
How This Works
You have a mass tort attorney
We work directly with the firm handling your claim to get the Florida estate opened and the right person appointed, so there's no delay on their end waiting on paperwork from ours.
You haven't found a tort attorney
We can point you toward firms that handle these specific claims, while we get the Florida probate side started so it isn't holding things up later.
Common Questions
Does this cost me anything?
In these cases, our work is done on a no-fee-to-you basis unless there's a recovery, with the exact arrangement spelled out in writing before we start.
What if my family member never filed a claim before they passed away?
That depends on the deadlines and rules of the specific litigation, which is a question for the attorney handling the underlying claim, not a probate question. What we can tell you is that if a Florida estate needs to be opened, now or later, that's what we handle.
What if there's no will?
Florida's intestacy laws determine who's entitled to serve as personal representative and who ultimately inherits. We handle these cases with or without a will.
Do you handle the mass tort claim itself?
No. Our practice is Florida probate and estate administration. For the underlying injury or wrongful death claim, we work alongside the attorney already on the case, or refer you to one.
Talk to an Attorney About the Florida Side of Your Case
Twenty minutes, no obligation, and no paralegal doing the talking.
Schedule Your Free ConsultationThis is attorney advertising. Attorney responsible for this content: Long Duong, Florida Bar #11857, LD Legal, LLC, Gainesville, Florida. Nothing on this page is legal advice about any specific mass tort claim. No result is promised or guaranteed.
