What types of damages can be pursued in a wrongful death claim?
The Florida Wrongful Death Statute clearly describes what damages are available to the survivors of a wrongful decedent. Essentially, survivors may be entitled to damages for loss of companionship, instruction, guidance and the potential earning of the decedent. Although I encourage you to read the below statute, please remember that in order to fully understand the nature of wrongful death damages, I high advise that you consult with an attorney.
Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
The decedent’s personal representative may recover for the decedent’s estate the following:
(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1.If the decedent’s survivors include a surviving spouse or lineal descendants; or
2.If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
(c) Evidence of remarriage of the decedent’s spouse is admissible.
7.All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
8.The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
How do I know what damages I may be entitled to? Call the Law Office of Dan Newlin & Partners today at (407) 888-8000 and see what you may be entitled to. Some damages have to be specifically pleaded and proved in order to recover. Often times, the only issue that need to be argued is the extent of damages. Even if the defendant admits fault, they are likely to still fight to minimize their exposure. Consult an attorney before making any major decisions concerning wrongful death claims. Our firm has some of the brightest legal minds in the area of wrongful death litigation. We are committed to aggressively representing the survivors in their claim for wrongful death damages. Please call or contact us today for a free consultation. You pay us nothing unless we win your case, and our information is free. You have nothing to lose, why wouldn’t you call?