Economic vs. Non-Economic Damages in Florida Wrongful Death Cases

Losing a loved one is a deeply painful experience, and when that loss is due to someone else’s actions, the pain can feel even more intense. In Florida, families facing the tragedy of wrongful death may be able to seek compensation to help them cope with the financial and emotional costs. This compensation is divided into two main types of damages: economic and non-economic. Each plays a vital role in helping families move forward, addressing both the financial burdens and the personal loss they suffer. Understanding these two types of damages can help you see what may be possible if you face a wrongful death situation in Florida. At, Serrano Law, we are here to guide you through the legal process and help you navigate the complexities of your case.

Understanding Wrongful Death Cases in Florida

In Florida, wrongful death cases arise when a person’s life is taken due to the negligence or intentional actions of another person or company. These cases are handled in civil court, not criminal court. While criminal cases focus on punishing the wrongdoer, wrongful death cases are about helping families gain financial support after their loss. The goal is to provide fair compensation for the damages experienced due to the death. A wrongful death case can arise from various situations, such as car accidents, medical malpractice, or workplace incidents. For the family to be eligible for damages, they must show that the other party’s actions or negligence directly led to the death.

What Are Economic Damages in Wrongful Death Cases?

Economic damages are the losses that have a clear monetary value. These are the measurable financial losses that the deceased person’s family has suffered or will suffer due to the death. Economic damages aim to cover actual costs and financial impacts directly related to the incident that caused the death. Common forms of economic damages include medical expenses, lost wages, and funeral costs. For example, if the deceased person had medical bills from hospital stays or treatments leading up to their passing, those bills are typically covered under economic damages. Similarly, if the person was earning an income that contributed to the household, the family might be entitled to compensation for the loss of that financial support.

In Florida, economic damages are critical in helping families manage their financial needs and stability. The loss of a breadwinner or financial contributor can significantly affect a family’s daily life and future. Economic damages may also cover loss of benefits, such as health insurance or retirement benefits the deceased person would have provided. This support can help ease the burden of living expenses, education costs for children, and other ongoing needs. While economic damages do not erase the loss, they are crucial in helping the family maintain financial security.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

Calculating Economic Damages

Calculating economic damages requires a close look at the financial contributions of the deceased and the expenses related to the death. This calculation may include factors such as the deceased person’s salary, potential for future earnings, age, and the financial needs of dependents. For example, a young professional who was expected to work for several more decades would have had future earnings that could be factored into economic damages. Courts and attorneys often work with financial specialists to accurately calculate economic damages. In addition, the family may seek compensation for funeral expenses, medical costs incurred before the death, and any services the deceased person would have provided.

Non-Economic Damages and Their Importance

Non-economic damages cover the intangible aspects of loss that do not have a clear dollar value. These damages aim to address the emotional and psychological impact of losing a loved one. In Florida, non-economic damages play a significant role in wrongful death cases, as they recognize the deep personal suffering the family endures. Common forms of non-economic damages include pain and suffering, loss of companionship, and emotional distress. These damages acknowledge that a loved one’s death affects more than just finances; it leaves an emotional void that money alone cannot fill.

Non-economic damages reflect the relationship between the deceased and their family members. For instance, the bond between a parent and child or between spouses is invaluable, and the emotional support they provided cannot be replaced. In wrongful death cases, the court considers these irreplaceable relationships when awarding non-economic damages. Non-economic damages also serve as a way to hold the responsible party accountable for the emotional harm they have caused. Although these damages are challenging to quantify, they are crucial in bringing a sense of justice to the family.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Challenges in Calculating Non-Economic Damages

Calculating non-economic damages is often more complex than economic damages because there is no specific formula to measure emotions or personal relationships. In Florida, courts look at various factors, such as the age of the deceased, the relationship between the deceased and the survivors, and the emotional impact on the family. Some cases might also consider the life experiences and guidance the deceased would have provided. Courts use discretion and may consider similar cases as references, but each case is unique due to the personal nature of these damages.

Attorneys play a significant role in presenting evidence and explaining the depth of the emotional loss. Families can share memories, stories, and examples of how the deceased impacted their lives. This information helps the court understand the significance of the loss. Although it may seem impossible to put a price on someone’s life, non-economic damages help acknowledge the grieving process and recognize the deep emotional wounds left by the wrongful death.

The Role of Punitive Damages in Wrongful Death Cases

In some cases, courts may award punitive damages in addition to economic and non-economic damages. While not part of standard compensation, punitive damages are intended to punish the responsible party if their actions were particularly reckless or harmful. For instance, if the wrongful death resulted from extreme negligence or intentional harm, the court might see punitive damages as a way to deter similar behavior in the future. However, punitive damages are rare and are not included in all wrongful death cases. They depend on the specific circumstances and are meant to send a message about the seriousness of the actions that led to the death.

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Limits on Damages in Florida Wrongful Death Cases

Florida has specific laws governing damages in wrongful death cases, especially non-economic damages. For instance, in cases involving medical malpractice, there may be caps on non-economic damages. These limits can vary based on the type of case and the nature of the responsible party. The law aims to balance fair compensation for families with concerns about the impact on certain industries, like healthcare. However, families and attorneys may sometimes challenge these limits if they believe they are unfair. Understanding these caps is essential, as they can affect the total compensation available in a wrongful death case.

The Importance of Seeking Legal Help for Wrongful Death Cases

Navigating a wrongful death case can be challenging, particularly when dealing with both economic and non-economic damages. Legal assistance is essential in ensuring that families receive fair compensation and that their case is handled thoroughly. Attorneys familiar with wrongful death laws in Florida can provide guidance on what damages the family might be eligible to receive and assist in building a strong case. Wrongful death cases involve careful documentation, detailed calculations, and, at times, testimony. Working with a knowledgeable attorney can help families understand the process and protect their rights.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Getting Justice and Support After a Wrongful Death

For many families, a wrongful death case is about more than money. It is a way to seek justice for their loved one and find a sense of closure. Economic and non-economic damages serve as a way for families to honor the memory of their loved one while holding the responsible party accountable. The process may be emotionally taxing, but knowing that justice has been served can provide some comfort in a difficult time. Wrongful death cases give families an opportunity to highlight the impact of their loved one’s life and to secure the resources needed to rebuild their future.

If you are dealing with the loss of a loved one due to another’s actions, seeking legal support can be the first step toward healing and justice. The experienced team at Serrano Law understands the pain and challenges that wrongful death cases bring and is committed to helping families like yours seek fair compensation and justice for their loss. Reach out to Serrano Law today to discuss your options and start the journey toward holding those responsible accountable.