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Damages in a wrongful death case

The family of any individual who has lost their life due to the adverse action of another or in an accident in Florida may choose to file a suit seeking compensation for their losses. The estate of a deceased individual might also file such a suit as the estate has suffered irreparable harm as well. The people and organizations that may recover damages and the types of harm that may be compensated for have been enumerated by law.

Each survivor seeking a financial aid from a wrongful death suit must be named in the suit and their relationship to the deceased must be made clear. They may ask for recovery of the lost support and services from the date of injury to the moment of death with a reasonable rate of interest. They may also seek compensation for the estimated value of all the future support and services that they would have received. The spouse may ask for a financial award that helps to pay for the loss of companionship and protection, as well as the pain and suffering that they have experienced upon the passing of their loved one.

Any minor child of the deceased individual is eligible to recover for the loss of parental guidance and companionship. All children may collect in cases where both parents have passed away. The parent of a minor child who has died may receive compensation for their pain and suffering as well. Medical and funeral expenses may be compensated to any relative that paid for them.

A wrongful death lawsuit may require some effort to properly develop and present to a court of law. The assistance of a lawyer may be beneficial to those who wish to draw up the suit and engage helpful authorities or expert witnesses to help make their case.

Source: The Florida Senate, "768.21 Damages", October 31, 2014

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