When a loved one passes away due to the negligence or wrongful actions of another party, the emotional and financial toll on the surviving family members can be overwhelming. In Florida, wrongful death lawsuits are designed to provide a means of financial compensation for the losses suffered by the decedent’s estate and their surviving family members. Understanding the types of damages that can be claimed in a wrongful death lawsuit is crucial for those seeking justice and compensation.
1. Economic Damages
Economic damages in a wrongful death case aim to compensate the estate and survivors for the financial contributions and benefits that the deceased would have provided had they lived. These include:
- Loss of Support and Services: This includes the financial support the deceased would have contributed to the family, as well as the value of household services the deceased provided, such as childcare, cooking, and maintenance.
- Loss of Earnings: If the deceased was employed, the family can claim compensation for the loss of future earnings that would have been expected over the decedent’s lifetime.
- Medical and Funeral Expenses: The estate can claim compensation for medical expenses related to the deceased’s injury or illness leading to death, as well as reasonable funeral and burial costs.
2. Non-Economic Damages
Non-economic damages are more subjective and compensate survivors for the intangible impact of the loss. In Florida, these may include:
- Pain and Suffering: Surviving family members, such as a spouse, children, or parents, can claim compensation for the mental pain and suffering caused by the loss of their loved one.
- Loss of Companionship and Protection: A surviving spouse may claim compensation for the loss of companionship and protection that the deceased provided.
3. Punitive Damages
In some cases, Florida law allows for the awarding of punitive damages. These are not meant to compensate the survivors but to punish the wrongdoer for particularly egregious or reckless behavior and to deter similar conduct in the future. However, punitive damages are not available in every wrongful death case and are typically awarded only in cases where the defendant’s conduct was particularly willful or reckless.
4. Statutory Limits and Considerations
It is essential to understand that Florida law imposes certain limitations on wrongful death claims:
- Who Can File a Claim? Under the Florida Wrongful Death Act, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The representative files on behalf of the estate and the survivors.
- Survivors Entitled to Damages: Florida law specifically defines who qualifies as a “survivor” eligible to recover damages. This includes the deceased’s spouse, children, parents, and, in some cases, other blood relatives or adoptive siblings who were dependent on the deceased.
- Comparative Negligence: Florida follows a comparative negligence rule, meaning that if the deceased was partially at fault for the incident that led to their death, the damages awarded may be reduced proportionally to their degree of fault.
OUR LAWYERS CAN HELP
Losing a family member due to the negligence of others is a tragic occurrence that no family should have to endure. Zarzaur Law’s Pensacola wrongful death attorneys will work to hold them accountable and get your family the justice you deserve.
BE CONFIDENT YOU HAVE AN EXPERT WRONGFUL DEATH LAWYER ON YOUR SIDE.
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