Astoria, NY asked in Wrongful Death for Florida

Q: My dad had a wrongful death in prison and I won a lawsuit against the prison. Do i have to share with my half siblings?

When i reached out to each of them to share the lawyer fees, neither of them wanted to get involved or put money into the case. I am the one that did all the paperwork, communicating with attorneys, and paid for all the fees. It is in the state of Florida. In addition, my attorneys advised me that legally the settlement has to be split with them, regardless of the lack of effort/money they have put into the case. Looking for any more opinions/advice. They are my half siblings.

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1 Lawyer Answer
Anna Katherine Stone
Anna Katherine Stone
  • Tampa, FL
  • Licensed in Florida

A: Family members who may recover damages in a Florida wrongful death case include:

The deceased person’s spouse, children, and parents, and any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services." If a child is born to unmarried parents, the child can recover damages in a wrongful death case if his or her mother dies. If the child's father dies, however, the child can only recover damages if the father had formally recognized the child as his own and was obligated to contribute to the support of the child.

I would suggest you speak to a probate attorney regarding your late father's estate.

I hope this answers your question. Best wishes.

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