Legal Question in Civil Litigation in Florida

Hi there.

My father (who adopted me when I was a child) was killed in a semi trailer accident. We sued the trucking company for a wrongful death suit and settled for $1 million.

Before we knew anything about amounts of the lawsuit we decided on how the money was going to be dispersed between me (age 24), my brother(age 16), and our mom. The lawyer got 40% (high, we know), my mom was to get 40% and my brother and I each 10%.

When we settled yesterday, I am thinking my brother and I will each get $100,000. Speaking to my mother this morning, she says my brother and I are only getting 10% of her portion, after the lawyer gets his, so only $60,000. Which technically is fine with me except for the fact that we wanted to buy a house with it, now we can't.

So, my question is: I was informed by another family member that there is a Child Portion Law that states that the settlement is supposed to be divided evenly between all parties and that because I am adopted there are stronger laws governing this. Is this true? Can you tell me where to find more info about it?

Thank you so much for your time,

-Confused

PS: The lawsuit was filed in Florida. My husband and I moved to South Carolina about a month ago. Does this effect anything?


Asked on 10/24/12, 9:56 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

There is no set rule on how a family breaks down a wrongful death settlement. You are receiving 6% of the settlement, which is low. This should have been arranged, in writing, before the case was settled.

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Answered on 10/24/12, 10:17 am
Michael Tobin Michael M. Tobin, P.A.

The settlement of the case in Florida must have the approval of a probate judge and a Guardian ad litem appointed for the minor (age 16). The agreement with a minor is not binding. Your interests and that of you rmother are adverse. You should seek your own atorney to examine the fairness of the allocation. The judge may also examine the 40�e if settlement was a lay down or before suit was filed it should be 1/3. up to filing an Answer. The lawyer deducted his fee from your share of $100,000.

$60,000 is 10% of the total after lawyers fees. Moving to South Carolina and the adoption are immaterial.

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Answered on 10/24/12, 10:45 am


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