Detailed Answer: Distributing Wrongful Death Proceeds in Florida
Under Florida law, wrongful death proceeds compensate close family members for their loss. The Florida Wrongful Death Act (Fla. Stat. §768.20) governs how courts allocate any settlement or jury award. Here’s a step-by-step overview:
1. Identify Eligible Claimants
- Spouse
- Children (including legally adopted or posthumous descendants)
- Parents
- Legal heirs at law (siblings, grandparents, next of kin)
2. Statutory Distribution Priorities
The act establishes the following hierarchy:
- If there is a surviving spouse and one or more children (or their descendants):
- Spouse receives 50% of the total award.
- Remaining 50% is split among the children per stirpes (by branch of the family line).
- If only a spouse survives (no children): spouse receives 100%.
- If no spouse but one or more children survive: children share 100% per stirpes.
- If no spouse or children but parents survive: parents share equally.
- If none of the above: distribution continues to the decedent’s heirs at law under Florida’s intestacy rules.
For complete statutory language, see Florida Statutes §768.20 at
leg.state.fl.us/§768.20.
3. Court Approval and Guardianship
All proposed distributions must be approved by the court. If claimants are minors, the court often requires a guardian ad litem or guardian of the property to ensure the child’s interests are protected.
4. Attorney’s Fees and Litigation Costs
Florida law allows deduction of reasonable attorney’s fees and litigation costs before distribution to heirs. These fees typically range between 25%–40% of the recovery, depending on complexity.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed Florida attorney about your specific situation.
Helpful Hints
- Gather certified death certificate and proof of relationship (marriage license, birth certificates).
- Consult a probate or wrongful death attorney early to navigate court filings.
- Keep detailed records of funeral and medical expenses; these can factor into the award.
- Minors need a guardian appointed for their share; plan for future expenses like education.
- Ask your attorney about structured settlements to provide long-term financial security for dependents.