Legal Question in Personal Injury in Florida

So sorry for your loss. The will may define who is the best personal representative of the estate to bring the action. Florida law states: 768.20 Parties. "The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate." The right to recovery is statutory, but a court may go along with the Will in terms of who should be the representative of the estate. If you have any questions or if you are not comfortable with the lawyer your brother selected, get a second opinion. Hopefully the legal system will not compound your loss. Good luck.

The lawyer needs the will to determine all of the potential survivors that may have a claim in the case. Moreover, the will will generally list who the personal representative of the estate is. Finally, when one opens up an estate to file a wrongful death claim, if there is a will, it must be filed.

I'm sorry for your loss.