Who Gets the Money in a Wrongful Death Lawsuit?
Losing a loved one due to negligence is an overwhelming experience, and the financial strain that follows can add to the burden. In Florida, wrongful death lawsuits allow certain family members to seek compensation for lost income, medical bills, and emotional suffering. However, the law strictly defines who can file a claim and how any awarded damages are distributed. Understanding these legal provisions is essential for families seeking justice and financial stability.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida Statute § 768.21, wrongful death claims must be filed by the personal representative of the deceased’s estate. This individual, often named in a will or appointed by the court, acts on behalf of surviving family members and the estate itself. While the representative initiates the lawsuit, compensation is awarded to eligible beneficiaries.
Those who may receive compensation include:
- The surviving spouse
- Children (minor children receive greater compensation)
- Dependent parents
- Blood relatives or adoptive siblings who depended on the deceased for financial support
The court appoints one if the deceased had no will and no personal representative. Understanding eligibility can be complex, and legal guidance is often necessary. At Neri Law Group, we help families manage wrongful death claims to ensure they receive the compensation they deserve. A Bradenton wrongful death attorney can assist families in determining eligibility and ensuring their rights are protected.
How Is Wrongful Death Compensation Distributed?
Compensation in a wrongful death lawsuit is divided between eligible family members and the deceased’s estate. Surviving spouses, children, and other dependents may receive damages for lost financial support, medical expenses, and emotional suffering. If the deceased had no dependents, compensation may go to parents or other relatives who relied on them financially. Sometimes, part of the settlement is allocated to the estate, covering lost earnings, outstanding medical bills, and funeral costs. Determining the distribution of funds can be complex, especially when multiple beneficiaries are involved. A Bradenton negligence attorney can help families ensure they receive their rightful share of compensation.
Can Creditors Claim a Wrongful Death Settlement?
In some cases, creditors may attempt to claim a portion of the settlement if the deceased had outstanding debts. However, compensation awarded to surviving family members is protected and cannot be used to pay creditors. Only damages awarded to the estate may be subject to claims.
This distinction is crucial when handling a wrongful death settlement. If a family is unsure whether creditors have a claim, our practice areas include wrongful death cases, and we can help clarify legal rights.
Challenges in Securing Fair Compensation
Insurance companies often attempt to minimize wrongful death claims by disputing liability, downplaying financial losses, or offering settlements that do not reflect the full impact of the loss. They may argue that the deceased’s income potential was lower than claimed, question the emotional suffering of surviving family members, or delay the claims process to pressure families into accepting less than they deserve.
Additionally, wrongful death cases can involve multiple beneficiaries, leading to disputes over how compensation should be divided. These challenges make it essential to have strong legal representation to ensure the claim is valued properly and that insurance companies do not take advantage of grieving families. A Bradenton personal injury attorney can advocate for a fair settlement and take legal action when insurers refuse to negotiate in good faith.
Pursuing Justice for Your Loved One
Wrongful death claims provide financial relief for grieving families, but securing fair compensation can be difficult without legal assistance. Florida law determines who is eligible for compensation, how damages are distributed, and what defenses insurance companies may use to reduce payouts. Neri Law Group fights for families who have lost loved ones due to negligence, ensuring they receive the justice and financial support they deserve. Contact us today to discuss your case.
