Florida Wrongful Death Statutes
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Who Gets the Money in a Wrongful Death Lawsuit?

Who Gets The Money in a Wrongful Death Lawsuit

The money awarded in a wrongful death lawsuit generally goes to the deceased person’s immediate family members who were financially dependent on them.

This includes the surviving spouse, minor children, and other relatives like parents who relied on the deceased for support.

Dealing with the unexpected death of a loved one is emotionally devastating, made even more difficult when their passing was caused by someone else’s negligence or wrongdoing.

On top of the grief, families are often faced with significant financial burdens like funeral costs, loss of income, and other expenses.

If your family member’s death was due to negligence, you may be able to recover compensation through a wrongful death lawsuit.

Understanding how that compensation gets distributed among surviving loved ones can help alleviate some of the stress around the legal process.

Distribution of Wrongful Death Damages in Florida

Wrongful death damages are distributed based on the Florida Wrongful Death Act as well as the deceased’s circumstances and surviving relatives. Typically, the compensation is intended to provide for the deceased’s nuclear family who depended on them financially.

When there is a surviving spouse but no minor children, the spouse receives the full compensation amount. If there are minor children, the spouse receives a portion and the children receive the remaining amount.

If the deceased had no spouse or minor children, wrongful death damages may go to parents or other blood relatives who were fully or partially financially dependent on the deceased.

In cases with no obvious surviving dependents, wrongful death proceeds become part of the deceased’s estate. The compensation is then distributed according to their will, or based on Florida’s intestacy laws if no will exists.

Ultimately, the distribution is determined by the court overseeing the case and the deceased’s specific family situation and survivors. An experienced Florida wrongful death attorney can help ensure you and your family members receive the compensation you deserve.

If you lost a loved one due to negligence, our wrongful death lawyers at Swope, Rodante P.A. can guide you through this difficult process. We have helped many families secure fair compensation and find a sense of justice and closure. Reach out today for a free, confidential consultation on your wrongful death case.


Florida Statutes § 768.21 – Wrongful Death Damages

Florida Bar – Wrongful Death

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