What Damages Can Be Recovered in a Wrongful Death Lawsuit?
Losing a loved one due to someone else’s negligence is a devastating experience, and while no amount of compensation can truly make up for the loss, a wrongful death lawsuit can provide financial support and a sense of justice for the surviving family members.
Under Florida law, eligible survivors of the deceased may recover damages for both economic and non-economic losses resulting from the wrongful death. These damages cover immediate expenses like medical bills and funeral costs, as well as long-term losses such as lost financial support and emotional suffering.
Understanding the types of damages available in a wrongful death case can help families navigate their legal options. Consult a West Palm Beach wrongful death attorney to explore the compensation survivors may recover, how courts determine damages, and the importance of seeking legal guidance to maximize your claim.
Types of Damages in a Wrongful Death Lawsuit
Florida law allows for different types of damages in wrongful death claims, which can be broadly categorized into economic damages (tangible financial losses) and non-economic damages (intangible losses related to emotional suffering).
1. Funeral and Burial Expenses
One of the immediate financial burdens families face after a wrongful death is the cost of funeral and burial services. These expenses can be significant, especially if arrangements must be made unexpectedly. Compensation may cover:
- Funeral service costs;
- Burial or cremation expenses;
- Costs for transportation of the deceased; and
- Headstone or memorial costs.
These damages are typically awarded to the estate of the deceased, ensuring that the financial burden does not fall on the grieving family.
2. Medical Bills and End-of-Life Care
If the deceased received medical treatment before passing away, the estate can recover compensation for all medical expenses related to the injury that caused the death. This may include:
- Emergency room visits;
- Hospitalization and intensive care;
- Surgeries or life-saving procedures;
- Medications and palliative treatment before death.
These medical costs are often substantial, especially if the deceased spent time in intensive care before succumbing to their injuries. Families should keep thorough records of all medical bills associated with the medical treatment received by their loved one.
3. Loss of Financial Support and Future Income
When the deceased was a family’s primary income earner, the financial impact can be devastating. Surviving family members—such as a spouse or children—may recover damages for the loss of financial support that the deceased would have provided had they lived. This includes:
- Lost wages and benefits that the deceased would have earned;
- Future income potential based on their expected career growth; and
- Lost retirement benefits, pensions, and health insurance
Courts consider factors like the decedent’s age, profession, earning potential, and expected working years when calculating lost income damages. In cases where the deceased was a stay-at-home parent, damages may also account for the value of lost services, such as child care and household management.
4. Loss of Companionship, Guidance, and Protection
The emotional and relational impact of losing a loved one is profound, and Florida law allows certain family members to recover non-economic damages for the personal losses suffered. These may include:
- Loss of companionship and protection (for spouses)
- Loss of parental companionship, guidance and instruction (for children)
- Loss of emotional support and love.
For example, a young child who loses a parent may recover damages for the guidance, care, and emotional support they would have received had their parent lived. Similarly, a surviving spouse can seek compensation for the companionship and emotional bond lost due to the wrongful death.
5. Pain and Suffering (Mental Anguish)
Surviving family members may also be compensated for the emotional pain and suffering caused by the wrongful death. Courts recognize that losing a loved one—especially suddenly or under traumatic circumstances—can lead to significant mental anguish. This type of compensation varies based on factors such as:
- The closeness of the relationship between the deceased and the claimant
- The suddenness and circumstances of the death
- The psychological impact on surviving family members
While difficult to quantify, pain and suffering damages are awarded in an effort to compensate survivors for the emotional devastation of their loss.
6. Punitive Damages (In Cases of Gross Negligence or Intentional Misconduct)
In some wrongful death cases, the court may award punitive damages if the defendant’s actions were especially reckless or involved intentional misconduct. These damages are meant to:
- Punish the responsible party for egregious negligence or wrongdoing; and
- Deter similar misconduct in the future.
Punitive damages are less common but may be awarded in cases involving egregious conduct, such as drunk driving. Punitive damages can substantially increase the total compensation awarded in a wrongful death lawsuit.
Who Can Recover Damages in a Florida Wrongful Death Case?
Under Florida’s Wrongful Death Act (Fla. Stat. § 768.21), compensation may be awarded to specific surviving family members, including:
- Spouses (for loss of companionship, protection, and financial support)
- Children (for loss of parental guidance and emotional suffering)
- Parents (in cases involving the death of a minor child or, an adult child if there are no other survivors)
- The deceased’s estate (for funeral expenses, medical bills, and lost earnings)
The law prioritizes immediate family members, though extended family members may qualify in rare cases where they were financially dependent on the deceased.
If the death is based upon a medical malpractice claim, then only a surviving spouse or child under the age of 25 may bring the claim.
Why Legal Representation Is Critical in Wrongful Death Claims
Calculating damages in a wrongful death lawsuit is complex, often requiring expert testimony, financial projections, and a thorough understanding of Florida law. Insurance companies often attempt to minimize payouts, making it essential for families to have an experienced wrongful death attorney advocating on their behalf.
A skilled lawyer plays a crucial role in navigating the complexities of a wrongful death claim and maximizing compensation for grieving families. They begin by gathering evidence to establish negligence and liability, ensuring that the responsible party is held accountable. Wrongful death attorneys also often hire economic and medical experts to calculate the full extent of damages, including lost income, medical expenses, and emotional suffering. Attorneys also negotiate with insurance companies, advocating for a fair settlement and preventing insurers from offering lowball compensation. If negotiations do not result in a just outcome, an experienced lawyer is prepared to take the case to trial, presenting a compelling argument to secure the maximum compensation available under the law.
Contact Smith, Ball, Báez & Prather
A wrongful death lawsuit can provide critical financial relief for grieving families, covering medical expenses, funeral costs, lost income, and emotional suffering. It is critical to understand the types of damages a survivor is legally entitled to recover in order to ensure that surviving loved ones receive the compensation they deserve.
If you have lost a family member due to someone else’s negligence, it’s important to seek legal guidance as soon as possible. A wrongful death claim can help you achieve justice and financial stability during an incredibly difficult time.
If your loved one’s death was caused by negligence, Smith, Ball, Báez & Prather is here to help. Our experienced wrongful death attorneys will fight for the compensation your family deserves. Contact us today for a free consultation to discuss your legal options.
Source:
flsenate.gov/Laws/Statutes/2020/768.21#:~:text=768.21%20Damages.,the%20decedent%20shall%20be%20alleged
