If a “survivor” disagrees with the total settlement amount or the amount that each survivor gets, the personal representative must get court approval before the settlement is finalized.
The personal representative of the decedent’s estate is the person that has the authority to bring the Florida wrongful death case. (The decedent is the person who died.)
However, even if a family member hasn’t yet been appointed personal representative, he or she can still make a settlement offer in a wrongful death claim. University of Miami v. Wilson, 948 So.2d 774 (Fla. 3d DCA 2006). In fact, the family should immediately begin investigating the claim after the decedent’s death. This is true whether we’re talking about a death from a bridge collapse, a car accident or any type of accident.
You can be certain the responsible party’s insurance company will be investigating the claim immediately.
The personal representative sues on behalf of the estate and every individual survivor.
The personal representative is the only person that has the right to settle the wrongful death case. But, if the personal representative and the person – or company – that caused the accident reaches a settlement, any survivor has the right to disagree with the settlement.
One survivor may feel that he or she had a stronger relationship with the decedent (person who died) than the other survivors. You can watch a short video where I talk about how your relationship with the decedent affects the amount of money that you may get for pain and suffering.
Also, if one of the survivors is a minor or someone who is disabled and can’t make decisions for themselves (mentally retardation, etc.), court approval of the settlement is required.
A parent may be happy to hear that court approval is required so that the amount that a minor or incompetent person gets is examined by the court and approved.
In any wrongful death case, a guardian is chosen to protect the rights of a minor or someone who is incompetent. The father or mother of the child can be the guardian or the court can appoint a guardian.
By the way, I took the picture – that appears in this article – of the Miami-Dade courthouse. That day, I was on my way to court. I was attending court for my client’s personal injury lawsuit.
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