Splitting the Pie: Dividing Attorney’s Fees for Competing Survivor’s Claims in Wrongful Death Cases

While Florida’s Wrongful Death Act does not allow individual survivors to file separate wrongful death actions (only the personal representative has authority to file), Florida case law provides a right for individual survivors to hire separate counsel, and entitles that outside attorney to be compensated from the settlement.

The Difference with a “Plaintiff’s” Probate Firm

Probate firms with practices comprised of mostly non-settlement related cases may not have the requisite knowledge of Florida’s statutory settlement schemes and related case law to (1) protect settlements from creditors, (2) ensure efficient settlement approval, and (3) protect the interests of the injury firm securing the settlement.

Designating Damages under Florida’s Wrongful Death Act

Section 786.21 of Florida’s Wrongful Death Act provides a statutory framework for wrongful death claims, and outlines six categories of damages available to litigants. These categories are (1) lost support and services, (2)  lost companionship and protection, (3) mental pain and suffering, (4) lost parental companionship, instruction, and guidance, (5) medical and funeral expenses, and finally, Read more about Designating Damages under Florida’s Wrongful Death Act[…]