Generally, when a wrongful death action reaches a settlement, the court does not have to approve the settlement. However, the court must approve settlements for minor survivors, incompetent survivors, and if there is an objection by any survivor. When a wrongful death action involves a minor or incompetent survivor, court approval is necessary for the settlement to ensure that the minor or incompetent survivor’s awarded settlement proceeds are protected pursuant to the Florida Guardianship Law Florida Statute § 768.23. A West Palm Beach wrongful death attorney would advise a plaintiff to ensure that a guardian ad litem be appointed to review the case file, the settlement, and prepare a report to the court advising the judge whether the settlement is in the best interest of the minor or incompetent ward.

Likewise, when there is an objection to the settlement by one of the survivors, the court’s approval is also required. Additionally, any survivor that objects to the settlement is entitled to a noticed hearing to state their objections. The jurisdiction where the wrongful death action is pending has the jurisdiction to approve a settlement. When the court approves of a settlement, it must consider whether there was comparative fault on behalf of any of the survivors in order to apportion the proceeds properly. Additionally, if the defendant or defendants chooses to offer a lump sum settlement, a qualified and experienced Florida wrongful death attorney should ensure that the defendant designate in the settlement the specific amount for each claimant. However, if there is no specific designation of settlement amounts, the personal representative of the decedent will have to proportion proceeds for the survivors and the estate, with the approval of the court. Finally, where a wrongful death action is settled prior to a lawsuit being filed, any disputes between survivors, or between survivors and estate creditors should be resolved in probate court.

Do not accept any settlement without consulting a qualified attorney. If you have questions regarding your wrongful death case, call Sharmin & Sharmin P.A. 1-800-74-TRIAL.