A wrongful death settlement can seem final once the insurer and the family agree on a figure. Florida adds a step in two situations, and families should know both before anything is signed. The step comes from section 768.25 of the Florida Statutes.
Court Approval Applies in Two Situations
While a wrongful death action is pending, a settlement doesn’t take effect without court approval if it meets either of two conditions. The statute speaks to the amount of the settlement and to how it is divided among the beneficiaries. No dollar threshold appears.
Florida Statutes section 768.25 can be read in full on the legislature’s website before any agreement is signed. The history line shows the section dates to 1972 and lists no later amendments.
When One Survivor Objects
The first situation arises when any survivor objects to the amount or to the way the money is divided among the beneficiaries. A single objection is enough to bring the settlement before the judge.
Who counts as one of the survivors under Florida law determines whose objection counts toward court approval. An objection from anyone outside that group does not trigger the rule.
When a Minor or Incompetent Survivor Is Affected
The second situation arises when the settlement affects a survivor who is a minor or an incompetent. In that case the court’s approval is required for the settlement to be effective.
Families weighing an insurer’s offer when a young child is among the survivors can ask a Lake Mary wrongful death lawyer how the hearing would fit into the settlement schedule. An offer that affects a child needs a hearing date built into the timeline.
The Figure Under Review
The settlement figure reflects the losses behind wrongful death damages, and those same losses also frame any disagreement among survivors about how the total should be divided. The statute reaches both the amount and the division, so a family can agree on the total and still face a hearing over how it is split.
A disputed split can turn on which survivor lost what, because a spouse and a young child may each have lost something different. Those differences explain why one survivor may object while the others agree.
Section 768.25 is part of Florida’s Wrongful Death Act and applies to actions brought under it. The section is a single sentence, so the pending-action condition, the two triggers, and the approval requirement all sit in one place.
Papers to Have Ready for the Approval Hearing
Records worth gathering before the hearing include the following:
- A list of every survivor, including the age of any child.
- The proposed division of the settlement among the beneficiaries.
- The insurer’s offer in writing, along with any later revisions.
- Funeral and medical bills tied to the death.
Who can file a claim is a separate question from who the survivors are. The approval rule turns on the survivors’ objections and ages, not on who brought the action.
Evidence has to be preserved in the first steps after a death, and a family weighing an offer is still pursuing one of the wrongful death claims that depends on it. Records gathered then support the figure behind any offer.
Justin Presser’s Professional Memberships
Justin Presser founded our firm and belongs to the Florida Justice Association as an Eagle Member. He also belongs to the Central Florida Trial Lawyers Association and the Seminole County Inns of Court.
Presser Law, P.A. lists wrongful death among the injury practice areas on its Lake Mary page. Its other practice areas include car accidents, dog bites, and slip and fall cases.
Confirming the Survivors Before Signing
A family holding an offer should first confirm who the survivors are, whether any of them is a minor, and whether any survivor objects. Those facts decide whether the approval step applies.
Before signing any settlement agreement on behalf of the family, anyone involved can reach out to a Lake Mary wrongful death lawyer to confirm whether court approval is needed. The answer depends on who objects and who the settlement affects.
