Who Gets The Damages in a Wrongful Death Lawsuit?

Wrongful death cases are unlike many other types of personal injury cases, for two main reasons. The first is obvious–death is the most final, permanent and devastating “injury” that someone can have after an accident, and causes ripples of devastation to family members left behind.

The other reason is that the person who directly suffered (died) in the accident is not here, and thus, survivors of the deceased will collect whatever is won through the wrongful death case, whether by settlement or jury verdict.

But that can often lead to survivors and family members asking, who gets what, from the proceeds of a wrongful death settlement or verdict.

Filing the Lawsuit

The first thing that must happen in a wrongful death suit is that the personal representative must file the lawsuit. The personal representative is appointed by a probate court, or else, is designated in the deceased’s will. The representative may also be someone who stands to get money from the wrongful death lawsuit, but does not have to be.

The personal representative represents the entire family and all beneficiaries, in the personal injury lawsuit.

Who Gets What?

In situations where there is a spouse of the deceased, and surviving children, the spouse and children will share equally in the proceeds of the wrongful death lawsuit. If there is only one or the other, a spouse or minor children, but not both, whichever one exists, will be entitled to collect the damages.

Adult children are considered children and can also collect–but not in wrongful death cases that result from medical malpractice, which limits what adult surviving children can recover.

If there is neither spouse nor kids, parents are next in line, and then siblings, and other, more distant relatives

If the deceased was a minor, however, then the parents would jump to the top of the line, as the primary recipients of the death benefits.

All that said, a probate court judge usually has discretion, if there is some extenuating circumstance where this order should be modified, or in cases where direct beneficiaries don’t exist.

Some beneficiaries may only be allowed to collect limited damages, usually, economic damages based on the loss of financial support from the deceased. Usually, adopted siblings or later blood relatives, like grandparents, are limited to these kinds of damages. They cannot get non-economic damages, like pain or suffering.

Estate Damages

Economic damages directly incurred due to the injury, accident and death, will often be distributed directly to the estate, so that the estate doesn’t have to pay these expenses. This can be a big benefit to beneficiaries in a will or by intestate law, who can now inherit more than they normally would because the estate has less expenses.

We help families devastated by accidents that lead to death. Call us about your wrongful death lawsuit. Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html