How to Divide a Wrongful Death Settlement in Florida
The state of Florida has very specific laws about who can benefit from a wrongful death lawsuit and how much they can receive. Here we will discuss the division of a wrongful death settlement in Florida and determine how much an eligible family member can expect to receive under Florida law. If you have specific questions about a wrongful death lawsuit in the West Palm Beach area, Casas Law has answers for you; just call for a consultation.
Executor or Administrator
The executor of the estate, or the deceased person’s personal representative, will file a wrongful death lawsuit on behalf of the estate. They will also oversee the division of the compensation settlement. If the executor or personal representative is named as a beneficiary of the lawsuit, the court may assign a temporary administrator to ensure the division is fair.
Reaching an Agreement
If the compensation is to be divided among adults who have reached a favorable division agreement, that agreement must be submitted to the court for approval. The court ensures that the claims of minor children take priority.
Division of Compensation
When compensation is granted for wrongful death, this is how it is to be divided among eligible family members under Florida law.
- Minor children- Minor children take priority and should receive enough compensation to provide for their needs until they reach the age of 18.
- Spouse- The spouse of the deceased receives equal priority, and their compensation should account for the loss of support and companionship and mental pain and suffering.
- Adult children- If there are no minor children or a spouse, the adult children can receive a portion of the compensation.
- Parents- The deceased’s parents are eligible if the deceased was under 25 and unmarried with no children.
West Palm Beach Wrongful Death Lawyer
The laws concerning wrongful death lawsuits are very specific and can be confusing. If you have questions about a wrongful death lawsuit, Casas Law has answers that you can feel confident about. Contact Casas Law today and schedule a free consultation.
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