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With the help of our Fort Myers wrongful death lawyers at Viles & Beckman, you’ll learn about the damages available in such cases while incorporating relevant Florida laws and authoritative sources.
What Are Recoverable Damages in a Wrongful Death Case?
In a wrongful death case, damages refer to the monetary compensation awarded to the surviving family members for the losses they have suffered as a result of their loved one’s death. These damages are intended to provide financial relief and help alleviate the burden caused by the wrongful death.
In Florida, damages can be pursued under the Florida Wrongful Death Act (Florida Statutes Sections 768.16-768.26), which provides the legal framework for wrongful death cases in the state. These damages may include:
- Medical expenses: Any medical bills incurred before the death, including hospitalization, treatment, and medication.
- Funeral and burial expenses: The costs associated with arranging a funeral, burial, or cremation services.
- Loss of financial support: Compensation for the loss of the deceased’s income, which includes wages, benefits, and future earnings that would have been contributed to the family.
- Pain and suffering: Compensation for the emotional pain, mental anguish, and loss of companionship resulting from the death of their loved one.
- Loss of consortium: Under Florida law, spouses, children, parents, and other dependent relatives may be entitled to seek compensation for economic damages resulting from the wrongful death.
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Are Punitive Damages Available in Wrongful Death Cases?
Punitive damages are designed to punish the responsible party for their egregious conduct and to deter similar behavior in the future. In Florida, punitive damages may be awarded in wrongful death cases under certain circumstances.
To be eligible for punitive damages, it must be proven that the wrongful act leading to the death was grossly negligent, reckless, or intentional. Punitive damages are not awarded in every case and are subject to the discretion of the court or jury.
How Are Damages Determined in a Wrongful Death Case?
The determination of the amount of damages in a wrongful death case involves various factors and considerations. Florida law requires the court or jury to assess the following:
- The financial losses suffered by the surviving family members, including economic damages such as medical expenses and loss of financial support.
- The emotional impact and non-economic damages experienced by the surviving family members, such as pain and suffering and loss of consortium.
- The circumstances surrounding the wrongful death, including the degree of negligence or wrongful act committed by the responsible party.
The court or jury will evaluate the evidence presented, including financial records, expert testimony, and testimonies from family members, to arrive at a fair and just compensation amount.
Click To ContactAre There Any Limitations on Damages in Florida Wrongful Death Cases?
Florida law does not impose specific caps or limitations on damages in wrongful death cases, except for medical malpractice cases. However, there are different rules and considerations when it comes to the distribution of damages among eligible family members.
It is important to consult with an experienced attorney who can provide guidance on the specific limitations or exceptions that may apply to your case.
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How Can an Attorney Help in Pursuing Damages in a Wrongful Death Case?
Navigating a wrongful death case can be complex and emotionally challenging. The experienced Florida wrongful death attorneys at Viles & Beckman can provide invaluable assistance by:
- Assessing the case: An attorney will evaluate the circumstances and evidence surrounding the wrongful death to determine the potential damages that can be pursued.
- Gathering evidence: An attorney will assist in gathering the necessary evidence to support the damages claimed, including medical records, financial documents, and expert opinions.
- Advocating for maximum compensation: An attorney will advocate on behalf of the surviving family members to ensure that they receive the full and fair compensation they deserve.
- Negotiating settlements: In many cases, wrongful death cases are resolved through settlements. An attorney will negotiate with the responsible party or their insurance company to reach a favorable settlement agreement.
- Representing in court: If a fair settlement cannot be reached, an attorney will provide strong representation in court, presenting the case before a judge and jury and fighting for the best possible outcome.
Contact us today to schedule a risk-free consultation regarding your Florida wrongful death claim. We look forward to assisting your family to obtain justice and financial compensation.
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