What happens if a wrongful death case settles in Florida?

If a settlement is reached, the attorney you hired will notify the court, and an Order of Settlement will be issued requiring the completion and signing of all relevant documents.

The loss of any person can be a very upsetting experience to have to go through. It is never easy to say goodbye to someone we love. The sad reality is that hundreds of thousands of unintentional deaths occur every year. However, the family members of these people can file wrongful death lawsuits.

When it comes to a wrongful death case, there are only a few outcomes that can occur.

Firstly, the surviving family member can initiate a claim. If the claim is not filed within the necessary deadlines or does not meet the required criteria, it may be denied.

The second scenario is that the lawsuit process begins and goes before a judge or jury – in this case, a judge or jury hears evidence from both parties and determines the level of negligence and how much damages, if any, should be awarded to the surviving person.

The last option is for the parties to reach a settlement.

Many wrongful death cases are settled out of court in Florida. In fact, to save time, your attorney may try to negotiate a settlement with the insurance company before and after filing your wrongful death lawsuit. In addition to the informal negotiation between the parties, judges often require both parties to go to formal mediation before they go to trial. This usually results in a settlement – the mediator raises some of the issues that will come up in the trial, and both parties can see how the other side, as well as the mediator, views the case.

Once a settlement is reached by both parties, your attorney will notify the court, which will subsequently issue an Order of Settlement requiring the completion and signing of all relevant documents within 30 to 60 days. The Settlement Release form is a very important step in the process. The settlement offer's terms, which will be outlined in this document and normally include:

  • No admission of guilt: Although they may be paying compensation, the defendant is not legally required to accept responsibility.
  • Privacy: A non-disclosure agreement, which keeps the specifics of the settlement private and not made public, might be required to be signed to comply with the conditions of a settlement agreement.
  • Release from additional liability or claims: You can no longer bring a claim against the defendant for additional compensation associated with the incident or accident once the settlement release form has been signed.

How can The Law Offices of Sean M. Cleary help?

If you lost a family member and intend to file a wrongful death lawsuit, The Law Offices of Sean M. Cleary can offer you the assistance you need, as our attorney has over 20 years of experience in handling these cases. No matter how complex your case is, we encourage you to contact us, and we will go to great lengths to obtain the most favorable outcome for you.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.