The Power Duo: Why Your Personal Injury Attorney Needs a Probate Pro in a Wrongful Death Case
If you've suffered the devastating loss of a loved one due to someone else's negligence, you're likely pursuing a wrongful death claim. While your personal injury attorney is the expert in proving liability and maximizing compensation, there's a crucial player who must often step in to ensure the case can move forward and the settlement can be legally distributed: the probate attorney.
This isn't just about extra paperwork—it's about legal necessity.
The Crucial Legal Link: The Estate
A wrongful death claim in most states is not filed directly by the surviving family members. Instead, it must be filed on behalf of the deceased person’s Estate.
The Problem: The person who files the lawsuit and is authorized to receive a settlement is the Personal Representative (or Executor/Administrator) of the deceased person's Estate. If the deceased didn't have an Estate opened, this representative simply doesn't exist yet.
The Solution: This is where the probate attorney comes in. They handle the legal process of opening the Estate in the proper court. This process officially appoints the Personal Representative, giving them the legal standing to sign documents, file the lawsuit, and ultimately accept a settlement or verdict on behalf of the legal beneficiaries.
Distributing the Funds Correctly
Even after your personal injury attorney secures a favorable settlement, the money usually cannot go straight to the family without court oversight.
The probate court ensures the settlement is distributed according to the state's statutes of descent and distribution for wrongful death proceeds, or the deceased person's will, if applicable and relevant to the claim.
The probate attorney manages this distribution, paying necessary estate expenses, and ensuring that the correct legal beneficiaries (spouse, children, parents, etc.) receive their lawful share. This protects the personal injury settlement from future legal challenges by excluded family members.
The Takeaway
In a wrongful death case, the personal injury attorney and the probate attorney are two halves of the same whole:
Personal Injury Attorney: Focuses on proving who is responsible and how much money is owed.
Probate Attorney: Focuses on creating the legal structure (the Estate) needed to file the claim and ensuring the funds are distributed correctly to the beneficiaries.
When you hire a personal injury firm for a wrongful death case, make sure they have a seamless process for working with—or have an in-house expert—to handle the necessary probate work. It’s the essential step that turns a claim into a successful recovery, so CONTACT US today!
