Florida Statute 768.25
“Court approval of settlements”
What it means
While a wrongful death action is pending, a settlement as to amount or apportionment among the beneficiaries is not effective unless approved by the court in two situations: when it is objected to by any survivor, and when it affects a survivor who is a minor or an incompetent.
The personal representative brings the action under § 768.20. This section limits what a settlement can do without the court's approval when a survivor objects or a minor or incompetent survivor is affected.
- The rule applies while an action under the Act is pending (§ 768.25).
- A settlement objected to by any survivor, as to amount or apportionment, is not effective unless the court approves it (§ 768.25).
- A settlement that affects a survivor who is a minor or an incompetent is not effective unless the court approves it (§ 768.25).
- The requirement covers both the amount and the apportionment among the beneficiaries (§ 768.25).
Text of the statute (2026)
While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.
Excerpts are the subsections the summary relies on. Read the full official text of § 768.25.
History. s. 1, ch. 72-35.
How it applies
A wrongful death settlement needs court approval in either of two situations: a survivor objects to the amount or the apportionment, or the settlement affects a survivor who is a minor or an incompetent. Without approval, the settlement is not effective. The apportionment is among the beneficiaries identified in the complaint under § 768.21, and a verdict would state each survivor's amount and the estate's amount separately under § 768.22.
Questions people ask
Sources
- Fla. Stat. § 768.25 (2026) (“shall be effective unless approved by the court” Court approval.)
- Fla. Stat. § 768.20 (2026) (“The action shall be brought by the decedent’s personal representative” Who brings the action.)
- Fla. Stat. § 768.22 (2026) (“shall be stated separately in the verdict” Separate amounts.)
Last checked: October 17, 2026
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