How to Divide a Wrongful Death Settlement in Florida
Executor or AdministratorThe 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 AgreementIf 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 CompensationWhen 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 LawyerThe 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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