How is a personal injury settlement divided if the injured party is deceased?

UPDATED: Mar 2, 2014

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How is a personal injury settlement divided if the injured party is deceased?

Our mother died 11 years ago and her husband died 7 years ago. About 3 years ago, we brought a personal injury lawsuit against a rug company for our mother’s death, so we (her children – my sister, half-sister and I) had to open an estate for her. Is the award money split between the 3 of us since there is no surviving spouse?

Asked on March 2, 2014 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

How was the case brought? If it was brought by your mother's estate, it would be distributed the way the estate's other assets were (e.g. by will, if there was one; or by the rules of intestate succession, if not). If brought by the three of you in your individual capacities, then it would be divided equally by the three of you, unless you had agreed to divide it otherwise.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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