How To Divide A Wrongful Death Settlement?

How To Divide A Wrongful Death Settlement?

How To Divide A Wrongful Death Settlement

When it comes to an untimely death, no amount of money can bring the person you love back. But a wrongful death settlement in Florida is intended to help families receive fair compensation for their loved one’s passing. Though this is probably not something anyone wants to think about with such a painful loss, it is important to know how these settlements are divided and what should be done with them.

In this post, we’ll cover what needs to be taken into consideration when dividing a wrongful death settlement in Florida so that it meets everyone’s needs while being both fair and equitable. Read on for more information about this important topic!

Florida law on wrongful death cases

This is outlined in chapter 768 of the Florida Statutes. According to the law, a wrongful death claim may be brought if someone’s negligence or intentional act caused the death of another person. The survivor(s) can seek compensation for damages like medical expenses, loss of earnings, and funeral or burial costs.

When it comes time to divide the settlement, it must be done with fairness and equity in mind. Generally speaking, certain family members are entitled to a portion of the money.

Statute of limitations in Florida

Wrongful death claims in Florida typically have a two-year statute of limitations. This means that the survivors must file their claim within two years from the date of death, or they could lose the right to pursue compensation.

Reasons for a wrongful death claim

The most common reasons for a wrongful death claim in Florida include medical malpractice, automobile, and other vehicle-related accidents, defective products, workplace negligence, and even criminal activity.

Medical malpractice

1. Medical malpractice

This is one of the most common reasons for wrongful death claims. This occurs when a medical professional fails to provide proper care and their negligence resulted in the death of a patient.

2. Vehicle-related accidents

This includes car accidents, truck accidents, motorcycle accidents, and more. If the accident was caused by another driver’s negligence or a malfunctioning part of the vehicle, then a wrongful death claim may be brought against them.

3. Defective products

Any type of product that was defective due to improper manufacturing or design could lead to a wrongful death claim if it caused the death of someone. Some common examples include faulty machinery, flammable clothing, toxic substances, and more.

4. Workplace negligence

If an employer does not provide a safe workplace and their employee is harmed or killed, then the employer can be held liable. Examples include not providing safety equipment and failing to properly train employees.

5. Criminal activity

If someone is killed as a result of another person’s intentional actions such as murder or assault, the family of the deceased can bring a wrongful death claim against them.

In any event, if someone’s negligence or intentional act caused the death of another person then they may be held liable through a wrongful death lawsuit.

Damages in wrongful death lawsuits

The damages in a wrongful death lawsuit are typically separated into three categories: economic, non-economic, and punitive damages.

1. Economic damages

These are intended to cover the financial losses of the deceased’s family. Examples include medical expenses, funeral/burial costs, and lost wages.

2. Non-economic damages

These are meant to compensate for any intangible losses that were suffered as a result of the death. This can include loss of companionship, pain and suffering, and mental anguish experienced by the family of the deceased.

3. Punitive damages

Punitive damages are designed to not just compensate the family, but also to punish the at-fault party and discourage them from similar conduct in the future. When there is evidence of malicious or reckless intent behind a fatality, punitive damages may be awarded as well.

The average amount of wrongful death settlements

It is difficult to give an exact amount for a wrongful death settlement as it will vary depending on the circumstances of each case. Some factors that are taken into consideration include the age, income, and life expectancy of the deceased and any damages suffered by their family.

The age and life expectancy of the deceased play a major role in determining the amount of compensation. Generally speaking, the younger a person was when they died, the higher the settlement as it is assumed that they would have earned more over their lifetime had they not died.

Dividing wrongful death settlements

A Florida court decides how to divide a wrongful death settlement through an equitable distribution system. It is important to understand how this system works when dividing a settlement, as it can help ensure that all parties are treated fairly in the end.

Generally, the court will first divide up the settlement into two parts: economic losses and noneconomic losses.

Dividing wrongful death settlements

Once these two categories are divided up, then the surviving family members must decide how they want to divide the money within each category. All parties involved must agree on a fair and equitable distribution of the settlement, as this will be used by the court in its final ruling.

Members of the deceased’s family may also be entitled to a portion of the money from any punitive damages that are awarded in a wrongful death settlement.

Finally, if there are any assets left over after the settlement has been divided up, then these should also be distributed fairly among the surviving family members.

Who can receive compensation in wrongful death settlements?

In Florida, succession laws dictate who is entitled to compensation in a wrongful death settlement. Typically, this includes the surviving spouse and children. Surviving parents, siblings, or any other family members may also be entitled to compensation depending on the situation. Even if a person is not a family member like a fiancé or life partner, or a friend, they may still be entitled to legal recognition and compensation if they can prove that they were financially dependent on the deceased.

However, in Florida, not just anyone can bring a wrongful death claim. It must be brought by a personal representative who is responsible for representing the interests of the deceased’s estate.

Role of personal representatives

In Florida, a personal representative is someone who is appointed by the court to manage the deceased’s estate when there is no valid will. This includes filing any lawsuits on behalf of the estate and distributing settlements to surviving family members. The personal representative has a fiduciary duty to act in the best interests of all those entitled to receive proceeds from the wrongful death lawsuit and must follow all applicable laws.

Settlement Duration of a wrongful death case

In most cases, a wrongful death case can take anywhere from one to two years to settle. This is because numerous legal issues must be addressed for the case to be resolved.

To ensure that your case is handled properly and efficiently, it is important to hire an experienced wrongful death attorney. They will be able to help guide you through the entire process, from filing the initial claim to receiving your settlement.

How a wrongful death lawyer can help you

A wrongful death lawyer from the Jared Spingarn law firm can help you and your family in several ways. First, they can advise you on your legal rights and options for pursuing a claim.

How a wrongful death lawyer can help you

Second, they will handle all of the paperwork involved in filing a wrongful death claim. This includes gathering all the evidence, filing documents with the court, negotiating with insurance companies, and representing you in court.

Finally, an experienced wrongful death lawyer will be able to help you determine the amount of compensation that you are entitled to receive from your wrongful death claim. They will also be able to guide you through the entire settlement process so that you get the maximum amount of compensation possible.


Divvying up a wrongful death settlement in Florida can be a complicated process. But knowing how to divide a wrongful death settlement, who is entitled to compensation, and the statute of limitations can help family members make sure that they are treated fairly during this difficult time.

It is important to understand how the court divides up these settlements and what needs to be taken into consideration when distributing the money among the survivors. By taking all of these factors into account, you can ensure that everyone receives the legal compensation they deserve.

It is also important to keep in mind that each wrongful death case is unique, so it is best to seek legal counsel for advice when dealing with a wrongful death settlement. Wrongful death attorneys can help you understand the laws in Florida and ensure that everyone receives their rightful share of the compensation.

>> If a loved one got involved in an accident that resulted in a wrongful death in Florida, don’t hesitate to reach out to Jared Spingarn, Accident Attorney, at 1-954-781-2316 for a Free Case Review or drop a message on their Contact Us page.