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Right to Pursue Wrongful Death Case in Florida if the Defendant Dies

What Happens if the Defendant Dies Before a Personal Injury Lawsuit is Settled or Goes to Trial?

Under Florida’s wrongful death law, the wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action.

This means that you can still pursue a personal injury or wrongful death case in Florida against someone who dies before the case is settled or goes to trial. Although the Defendant who dies may not have any assets, you can still continue the case against them if they have insurance or some other chance of recovery. Their insurance company may still be liable to pay any judgment as long as the insurance was in place at the time of the accident.

Miami Wrongful Death Lawyer – Fort Lauderdale Fatal Accident Attorney

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"I never had a problem reaching them or getting the answers I needed. They kept me well informed throughout my case, making sure that I understood what actions they were taking until the very end. Thank You, Jason Turchin and staff."

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