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Under the wrongful death statute in Florida, the compensation from a settlement or jury award must be distributed equally among all beneficiaries. If the adult beneficiaries can come to an agreement on a specific plan for allocation, the court will generally honor that agreement.
The Florida Wrongful Death Act allows family members of the deceased to recover damages for their loss (Fla. Stat. § 768.21). These damages may include medical and funeral expenses and the wages or salary that would have been earned by the deceased.
In civil cases such as wrongful death lawsuits, the burden of proof lies with the plaintiff, the person filing the claim. The plaintiff's burden of proof for wrongful death cases is a preponderance of the evidence.
The settlement amount you receive in a wrongful death claim remains untaxable, ing to the Internal Revenue Service (IRS) in IRS Rule 1.104-1. The IRS makes the wrongful death settlement non-taxable because it classifies as part of a claim that resulted from personal injuries or physical illness.
Typically, the average wrongful death settlement can amount to around $500,000 to $1 million or even more depending on the circumstances of the case. However, in some cases, there's a cap on the amount of non-economic damages that the victim's family can recover.