How to make sure a wrongful death settlement is filed correctly and split the way you agreed
Quick disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about your specific case, talk to a licensed Florida attorney.
Detailed answer — steps to ensure correct filing and distribution under Florida law
When a wrongful death claim in Florida resolves, the settlement process involves more than signing a check. To make sure the settlement is filed correctly with the court and the money is split exactly as you agreed, follow these steps. I explain why each step matters and link to relevant Florida law and court resources.
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Get the agreement in writing, signed by all necessary parties
Put every key term in a written settlement agreement: gross amount, who will receive money, the dollar amounts or percentages for each payee, timing of payment, who pays attorneys’ fees and costs, and how / when liens (medical, Medicare/Medicaid, health insurer subrogation) will be resolved. A signed, written agreement reduces later disputes and is the document the court will review if approval is required.
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Identify the proper parties and legal representatives
Make sure people receiving money are the correct statutory beneficiaries or the estate’s personal representative. Florida wrongful death claims proceed under the Florida Wrongful Death Act (Chapter 768), which defines who can bring a case and who is entitled to recover. See Florida Statutes, Chapter 768: flsenate.gov — Chapter 768.
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Confirm attorney fees and costs in writing (and when they are deducted)
Most contingency fee agreements allow the lawyer to be paid from the settlement. Confirm the exact fee percentage or amount and whether costs are deducted first. Have the attorney prepare a proposed fee allocation so the proposed distribution to beneficiaries is clear.
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Address medical bills, liens, and subrogation before distribution
Identify any liens (healthcare providers, hospitals, insurers, Medicare/Medicaid) and resolve them or show how they will be paid. Outstanding liens can lead to clawbacks after distribution. If Medicare or Medicaid benefits were paid, expect federal or state recovery claims. Ask counsel for written proof that liens will be satisfied or released prior to distribution.
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If a lawsuit is pending: submit a signed stipulation/dismissal and a proposed order for distribution
When the parties settle during litigation, the usual practice is to file a joint stipulation of dismissal (or notice of settlement) and a proposed court order that details the agreed disbursements and directs the clerk or counsel to pay beneficiaries in specified amounts. The court can approve the allocation and issue an order directing distribution.
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If beneficiaries are minors or incapacitated, get court approval
Florida requires special procedures when minors or legally incapacitated people will receive settlement funds. Courts generally must approve settlements that benefit minors or dependents who lack capacity and may require funds be placed in a protected account, guardianship, or structured settlement. See Florida guardianship statutes (Chapter 744) for rules about wards and guardians: flsenate.gov — Chapter 744.
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Use a proposed order that is clear and specific
A good proposed order directs exactly how the money is to be paid. Include:
- Gross settlement amount.
- Attorney fees and costs to be deducted and the amounts.
- Specific payees, with names, ids or relationship (e.g., surviving spouse Jane Doe), and exact amounts or percentages to each.
- Instructions for resolving liens before disbursement.
- Directions for handling minor/incapacitated shares (e.g., deposit into court registry, structured settlement, or trust).
- Deadline for disbursement after final order (e.g., within 14 or 30 days).
Courts prefer concrete numbers and clear instructions. Vague orders invite delay and disagreement.
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Use a neutral escrow agent or the court registry if you need to hold funds
If one or more items remain unsettled (for example, a lien is being negotiated), consider having the payer deposit funds into an escrow account or the court registry pending final approval. That protects beneficiaries and allows claims to be resolved without premature payout.
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Collect releases and signed receipts at the time of payment
When funds are paid, obtain signed releases and receipts from every payee. If payments are sent to an estate or trustee, get the official representative’s written acceptance and a court order permitting that distribution if required by the court.
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Keep full documentation and follow post-payment steps
Keep copies of the settlement agreement, filed dismissal and proposed order, court order approving distribution, lien releases, canceled checks, signed receipts, and correspondence about subrogation. These documents protect you if a dispute or claim arises later.
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If someone refuses to comply, ask the court to enforce the agreement
Florida courts generally enforce valid settlement agreements. If a co-payee or the payer refuses to follow the written agreement or the court order, a motion to enforce the settlement or contempt action may be filed in the court that approved the settlement.
Common situations and how to handle them
- Multiple beneficiaries (spouse and children): Put the agreed split in the settlement agreement and the proposed order. If you disagree later, the court will look to the settlement terms and Florida wrongful death distribution rules in Chapter 768.
- Minor’s share: Ask the court to place the minor’s money in a secured account, structured settlement, or an approved trust and name the custodian or trustee in the order.
- Estate involvement: If the decedent’s estate is opened, coordinate with the personal representative and probate court. The estate may need court authority to accept or distribute settlement proceeds.
Where to file and who to contact
Wrongful death suits and related motions are filed in the Florida circuit court in the county where the suit was pending or where the claim was filed. For general filing procedures and e-filing information, see the Florida Courts website: flcourts.org. For the controlling statute on wrongful death claims, see Chapter 768 of the Florida Statutes: Florida Statutes, Chapter 768.
Helpful Hints
- Never agree to an oral-only deal. Always get the settlement terms in writing, signed by the necessary parties.
- Ask your attorney for a written distribution worksheet showing gross recovery, fees, costs, liens, and net payable to each beneficiary before you approve a final release.
- Resolve known liens before distribution or arrange a holdback in escrow to cover possible lien claims.
- If minors are involved, plan for court approval and a conservatorship, trust, or structured settlement—these steps take extra time.
- Use a neutral escrow agent or the court registry to hold funds if there are outstanding disputes or unresolved liens.
- Get a filed court order that clearly directs the clerk or payer to disburse funds; oral directions are not enough.
- Keep originals of releases and receipts. Save electronic copies and canceled checks for proof of payment.
- If you have doubts about how the split is written, seek a second opinion from another Florida attorney before signing a final release.
Where to read more
- Florida Statutes — Chapter 768 (Wrongful Death): https://www.leg.state.fl.us/statutes/…/0768.html
- Florida Statutes — Chapter 744 (Guardianship; relevant if beneficiaries lack capacity): https://www.leg.state.fl.us/statutes/…/0744.html
- Florida Courts (filing information and local clerk contact): https://www.flcourts.org/
Final note: Settlement and distribution of wrongful death proceeds involve legal, tax, and benefit-recovery issues. Always verify the allocation with counsel familiar with Florida wrongful death law and with experience resolving liens and structured-payments.
This information is educational only and does not replace personalized legal advice.