Types of Damages Available in a Florida Wrongful Death Claim

Losing a loved one can be one of the most difficult experiences a person can go through. This can be especially true when the death was caused by the negligence or wrongful act of another person or entity. In Florida, when a wrongful death occurs, certain damages may be available to the surviving family members. Understanding the types of damages available in a Florida wrongful death claim can help families navigate the legal process and seek the compensation they deserve.

Economic Damages

The first type of damages that may be available in a Florida wrongful death claim are economic damages. These are damages that can be calculated based on actual financial losses incurred by the surviving family members. Economic damages may include:

  • Loss of Support and Services – This includes the value of the support and services the deceased person would have provided to their family members had they not died.
  • Loss of Future Earnings – This includes the income the deceased person would have earned had they lived.
  • Medical and Funeral Expenses – This includes the medical expenses incurred as a result of the deceased person’s injury or illness that led to their death, as well as the cost of their funeral and burial.

Non-Economic Damages

The second type of damages that may be available in a Florida wrongful death claim are non-economic damages. These damages are not based on financial losses, but rather on the emotional pain and suffering experienced by the surviving family members. Non-economic damages may include:

  1. Pain and Suffering – This includes the emotional pain and suffering experienced by the surviving family members as a result of the deceased person’s death.
  2. Loss of Companionship and Consortium – This includes the loss of the deceased person’s companionship, love, and affection.
  3. Mental Anguish – This includes the emotional distress and mental suffering experienced by the surviving family members as a result of the death.

Punitive Damages

The third type of damages that may be available in a Florida wrongful death claim are punitive damages. These damages are awarded as a form of punishment to the defendant, and are only awarded in cases where the defendant’s conduct was particularly egregious or reckless. Punitive damages are not awarded to compensate the surviving family members, but rather to deter the defendant and others from engaging in similar conduct in the future.

Losing a loved one due to someone else’s negligence or wrongful act can be devastating. However, the surviving family members may be entitled to certain damages under Florida law. Economic damages, non-economic damages, and punitive damages may all be available in a Florida wrongful death claim, depending on the circumstances of the case. If you have lost a loved one due to someone else’s negligence or wrongful act, it is important to consult with an experienced Florida wrongful death attorney to discuss your legal options and seek the compensation you deserve.

It’s important to note that there are certain limitations and restrictions on the damages that may be available in a Florida wrongful death claim. For example, there are limits on the amount of non-economic damages that may be awarded in medical malpractice cases. Additionally, only certain family members may be eligible to file a wrongful death claim in Florida.

If you are considering filing a wrongful death claim in Florida, it is important to work with an experienced attorney who can guide you through the legal process and help you understand your options. Your attorney can help you gather evidence, negotiate with insurance companies and defendants, and represent you in court if necessary.

Losing a loved one due to someone else’s negligence or wrongful act can be a devastating experience. However, the surviving family members may be entitled to certain damages under Florida law, including economic damages, non-economic damages, and punitive damages. If you have lost a loved one due to someone else’s negligence or wrongful act, it is important to consult with an experienced Florida wrongful death attorney to discuss your legal options and seek the compensation you deserve.

Serrano Law is a law firm that specializes in personal injury law, including wrongful death claims, in the state of Florida. Our team of experienced attorneys understands the devastating impact that a wrongful death can have on a family, and we are committed to helping our clients seek justice and the compensation they deserve.

Here are some ways that Serrano Law can help with a Florida wrongful death claim:

  • Investigating the Cause of Death: Our attorneys will thoroughly investigate the circumstances surrounding the death to determine who may be liable for the loss of your loved one. We will gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
  • Determining Damages: Our attorneys will work with you to determine the damages you may be entitled to receive under Florida law. This may include economic damages, such as lost income and medical expenses, as well as non-economic damages, such as pain and suffering.
  • Handling the Legal Process: Our attorneys will handle all aspects of the legal process, from filing the claim to negotiating with insurance companies and representing you in court, if necessary. We will keep you informed throughout the process and answer any questions you may have.
  • Providing Support: Losing a loved one is a difficult and emotional experience. Our attorneys understand this and are here to provide support and guidance throughout the legal process. We will listen to your concerns and work with you to achieve a resolution that meets your needs.

At Serrano Law, we are dedicated to helping families seek justice and compensation after the loss of a loved one. If you have lost a loved one due to someone else’s negligence or wrongful act, we encourage you to contact us to discuss your legal options. We offer free consultations and will not charge any fees unless we recover compensation on your behalf.