Florida law sets a specific process for paying out wrongful death settlements. Once the court approves the settlement, the damages are distributed to the deceased person’s estate. It’s important to note that usually the money goes to the estate, not immediately to the family. The estate then pays any outstanding medical bills, funeral expenses, and other debts, and the remainder is distributed according to your loved one’s will (or per Florida intestacy laws, if your loved one died without a will).
Your Orlando wrongful death lawyer can help you understand the specific timeline for payouts in your claim and oversee the process to ensure the funds are properly allocated.
How are wrongful death funds distributed to surviving family members?
Although there is only one wrongful death lawsuit permitted per incident, the suit may be brought to benefit many people, including the deceased’s spouse, adopted or biological children, adoptive or biological parents, or other family members if the deceased had no spouse, parents, or children living.
Compensation for Florida wrongful death claims is paid to the deceased’s heirs and beneficiaries according to their individual losses. If a dispute arises from the distribution of the funds, the court may have to mediate it.
One decision the heirs may need to make is whether to pay the money out in a lump sum or a structured settlement. Each has pros and cons, and the decision is yours.
- Lump-sum settlement payouts: The balance of the settlement (minus all legal fees and costs) goes directly to the survivors, who then disperse it as they see fit.
- Structured settlement payouts: The money (minus all legal fees and costs) is paid to the survivors in installments. This can provide steady income as you get back on your feet, and can help with long-term financial planning.
Factors that may influence the dispersal of your wrongful death settlement
Where the matter is settled
If the matter is settled out of court, both parties must agree in writing and submit the settlement agreement to the court. If the case goes to trial, the jury decision is entered into the court and approved by the trial judge. If the claim involved a minor, then the settlement agreement may require court approval to ensure it meets the child’s best interests.
Number of beneficiaries
Unlike other types of personal injury claims, where the settlement typically benefits only one plaintiff, wrongful death claims may involve several individuals who should receive financial compensation.
The degree of relation to the deceased may influence how much money each surviving family member receives. Spouses, children, or other dependent relatives may receive a different amount depending on the level of their financial reliance on the deceased and the degree of their loss.
Age and circumstances of beneficiaries
The age and circumstances of the surviving family members may also affect how the funds are distributed. For example, a younger child may receive more compensation for their loss of parental support and guidance and their reliance on their parents for support, while an older adult child may receive consideration for their loss of emotional support and companionship but not as much for the loss of financial support.
Each claim is unique, and the needs of all family members eligible for a settlement vary. Having an attorney counsel you and oversee the distribution of the settlement funds may help reduce the chances of a contentious disagreement among beneficiaries.
Do you need help with a wrongful death case?
Have you lost a loved one due to someone else’s negligence? The attorneys at DWK Law offer a free consultation, so please contact us at (407) 244-3000 today.
