In Florida, wrongful death settlements typically are not split into equal shares. Rather, damages are allocated in accordance with Florida legislation, which takes into account the connection of each survivor with the deceased and their losses.
A personal representative of the estate of the deceased person is the first person involved in the process. Florida Statutes §768.20 provides that the representative represents the estate and eligible survivors in that wrongful death action.
Families considering whether to pursue compensation for wrongful death should understand what damages may be available to them. Depending on the circumstances of the case, compensation may address financial losses, funeral and burial expenses, loss of support, and certain emotional losses suffered by eligible survivors.
Let’s look at the types of damages that may be included in a wrongful death claim.
How Florida Determines Each Survivor’s Share
The Florida Statutes (FS) §768.21 do not mandate the distribution of the settlement in an equal manner. It lists damages that might be recoverable by specific survivors, such as loss of support and services, loss of companionship, mental anguish and pain, and certain costs.
For instance, a surviving spouse could have a claim for lost financial support and loss of companionship. The loss of support and parents’ companionship, instruction, and guidance may be recovered by minor children. The child’s age and situation may affect a parent’s recovery.
The value of each claim will be based on evidence. The calculation could be impacted by income records, household contributions, life expectancy, and financial dependence.
What Happens to the Estate’s Portion?
Not all recovered funds benefit those who are still alive. There are certain damages that are part of the estate, such as a loss suffered by the decedent prior to death.
Florida law stipulates that the personal representative must list the possible people who may benefit from the estate in a complaint. This makes it easier to distinguish damages that may be owed to individual survivors from damages recovered on behalf of the estate.
After the settlement is agreed upon, attorneys’ fees, litigation costs, liens, etc., can impact the overall settlement amount. The gross settlement may be different from the net available settlement.
Can Survivors Receive Different Amounts?
Yes. Two survivors can receive unequal amounts, as their losses could be unequal.
Imagine that 2 children and one spouse in a family survive. The spouse might claim lost support, companionship, or a loss of monetary inheritance; the children might claim lost support and guidance and also separately claim loss of monetary inheritance, depending on their ages and their expectation of the loss of support and guidance from the parent. Such damages do not necessarily come in thirds.
The recoverable loss of a person for whom the decedent was financially dependent may be different from the recoverable loss of a relative who was not financially dependent on the decedent’s care.
When Family Things Aren’t the Same
There may be disagreement between the beneficiaries regarding the settlement amount or settlement allocation. Any settlement where a survivor objects, or under an objection by a minor or incompetent survivor, will not be effective without court approval pursuant to Florida Statutes §768.25.
This protection is important because a settlement can impact individuals who have various legal interests. It is important to keep beneficiaries protected if they cannot do it themselves, with the help of court review.
Key Takeaways
- Wrongful death settlements in Florida do not necessarily have to be split 50/50.
- Each survivor will be entitled to individual damages, which will depend on their relationship and losses.
- Many recoverable damages are covered by Florida Statutes §768.21.
- Part of a person’s estate may be entitled to compensation.
- The gross settlement can be reduced by fees, costs, and liens.
- For some survivors, court approval may be needed if they object or are under the age of 18.
- Any final distribution will be based on the facts and the law.
