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Who Can File a Wrongful Death Claim? A wrongful death lawyer or other personal representative should be present in court to initiate the official complaint. This representative should be named in the estate plan of the deceased or someone whom the court has appointed.
Florida law determines who gets the money in a wrongful death lawsuit?generally, it is one or more surviving family members. Recipients may include: A spouse. Children.
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.
Blood Relatives and Dependents are Entitled to File an Action for Damages. In Florida, the surviving spouse, child or parents of the deceased individual can file a wrongful death lawsuit (Fla. Stat. § 768.18).
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.