If your loved one died from someone else’s actions, you may have a case for wrongful death. What sort of wrongful death damages might you expect to recover?
Florida Law and Wrongful Death Damages
Under Florida law, you can receive damages for loss of:
- support and services of the deceased person
- companionship, guidance, and protection provided by the deceased person
- wages, benefits, and other earnings, including lost earnings
- “prospective net accumulations” of the estate, including potential value of earnings
Damages also include
- mental and emotional pain and suffering from the loss of a child
- medical or funeral expenses paid for the deceased person
- medical and funeral expenses paid by the estate directly
If the injury and the death of death are not simultaneous, damages can include
- medical expenses
- the deceased’s person’s mental and physical pain and suffering
Punitive damages punish the defendant and attempt to stop similar behaviors. If the defendant was particularly reckless, you may be able to recover punitive damages as well.
Children and the Elderly
If a child or retired person has died a wrongful death, damages recovered are generally small. Neither have significant earning potential or contribute to the financial or emotional support of a family. In the case of a child, the courts will look at the child’s
- age, sex, life and work expectancy, state of health, and habits
- earning potential and relationship of those claiming monetary loss
- and the claimant’s health, age, and circumstances
Who Can Be a Defendant
Defendants can include any of the following:
- Operator or employer of a vehicle, watercraft and aircraft involved, including: persons who sold, served, or gave alcohol to the impaired driver / the premises owner where alcohol was served
- designers or builder of dangerous roadways or defective products
- supervisors and employers who allow dangerous conditions to exist
- manufacturer, distributor, or installer of defective part or item
- medical professionals named in a wrong death malpractice suit
Generally, government employees and agencies are immune.
Remember there is a statute of limitations for wrongful death suits. Don’t delay. Contact a personal injury attorney like Brian Hoag as soon as possible.
About Hoag Law Firm
Hopefully, you will never need the legal services of a Tampa personal injury lawyer, but if you do, please give Hoag Law Firm a call or complete your online Free Case Evaluation. A free consultation can help you understand your rights. With honest advice and an experienced attorney at your side, you can recover the largest possible settlement. It will feel great to get back to living your life.