Is there a difference in Florida between a settlement of a wrongful death claim and a jury verdict awarding damages for the wrongful death?
Yes. A wrongful death settlement is an agreement (often between the personal representative of the estate of the wrongful death victim and an insurance company or other defendant) whereby the personal representative agrees to release all claims against the defendant and/or insurance company in exchange for payment of a specified amount of money. The wrongful death settlement is typically written, and is a type of contract. In some instances, it is necessary to obtain court approval for a wrongful death settlement. Although a wrongful death settlement, in principle, may occur prior to any adversarial lawsuit being filed, in Florida the only person who has the legal authority to release the claim for wrongful death damages is a duly-appointed personal representative of the estate of the deceased victim. For this reason, it is necessary for an estate to be opened and a personal representative to be appointed by a probate judge in the appropriate forum. A jury verdict for a lawsuit allegin
