Wrongful Death Settlement Distribution in Florida

The loss of a loved one is something that no amount of money can ever make up for. However, obtaining fair and full financial compensation for the wrongful death of someone in your family can allow you to plan for the future and move forward with less financial stress. Learning how wrongful death settlements are distributed under Florida law can give you a better understanding of what to expect.

Who Are Eligible Beneficiaries?

Under the Florida Wrongful Death Act, only certain individuals who survive the deceased person (known as the decedent) are eligible to recover financial compensation through a wrongful death claim. Florida Statutes § 768.21 lists the following parties as eligible beneficiaries:

• A surviving spouse
• Surviving children under the age of 25
• Surviving children over the age of 25 if there is no surviving spouse
• Surviving parents if there is no surviving spouse or children
• Other surviving dependent relatives

Whether an individual qualifies as an eligible beneficiary depends on the circumstances. Florida law states that all potential beneficiaries in a wrongful death claim, including the decedent’s estate, must be identified in the complaint along with an explanation of their relationships to the decedent.

Unique Situations and Familial Relationships

If a decedent left behind a spouse or significant other but the couple was not married, the spouse cannot recover any financial damages in a wrongful death claim. Legally adopted children can qualify for compensation as children of the deceased. Stepchildren who were not formally adopted can recover compensation for their economic damages, but not mental pain and suffering or loss of parental guidance and support.

If a child was born out of wedlock, he or she is automatically considered a survivor of a deceased mother, but is only considered a survivor of a deceased father if the father supported the child. Other blood relatives – such as siblings, cousins and grandparents – may only recover financial compensation if they can prove they were financially dependent on the decedent. These individuals cannot recover compensation for mental pain and suffering.

What Compensation Is Available?

In Florida, eligible beneficiaries and the deceased individual’s estate could recover financial compensation for a variety of economic and noneconomic losses. While every case is unique, the following types of damages may be available:

• Loss of financial support
• Loss of household services
• Loss of care, companionship and guidance
• Mental pain and suffering
• Medical bills
• Reasonable funeral and burial costs

Financial compensation for an individual’s wrongful death in Florida is determined on a case-by-case basis. If your family has a unique situation, the best way to move forward is by consulting with a knowledgeable wrongful death lawyer in Tampa.

How Are Wrongful Death Settlements Distributed Among Beneficiaries?

A wrongful death settlement can be distributed to eligible beneficiaries based on an agreement among the parties involved or a court order. If all eligible heirs agree on how to divide the proceeds of a wrongful death claim, the courts will honor this agreement. If a decision cannot be made by beneficiaries, the courts can allocate the proceeds of a wrongful death claim to survivors based on the laws of intestate succession and issue a binding order.

If your family needs to file a wrongful death claim in Tampa, request a free consultation at Vanguard Attorneys to begin the legal process. Our lawyers can guide your family through the legal elements of your case, including how settlements are divided and distributed.