What Damages Can You Recover in a Wrongful Death Claim in Florida?

If you’ve lost somebody close to you, please accept our condolences. We know that simply clicking on these articles is not easy to do. In fact, we know that it can increase the pain you and your family are already experiencing. If you have any questions about your particular wrongful death situation, please feel free to reach out to one of our St. Petersburg wrongful death attorneys for a free consultation. Here, we want to discuss some of the possible recoverable damages for wrongful death cases in Florida, but please know that these are just general damages available. Each case is different, and the types and amounts of compensation that may be available for your situation may not look exactly like this.

What Is a Wrongful Death Claim in Florida?

A wrongful death claim is a legal action brought by the surviving family members or estate representatives of someone who has died due to another party’s negligence or wrongful act. The purpose of this claim is to hold the responsible party accountable and to provide financial compensation to help family members cover losses and cope with the emotional impact of their loss.

Economic Damages in a Florida Wrongful Death Claim

Economic damages (referred to as “special damages” officially) are intended to compensate for the financial losses directly resulting from a loved one’s passing. These damages are usually easier to quantify, as they are based on specific costs incurred and future financial needs. Some of the economic damages that may be recoverable in a wrongful death claim include:

• Medical expenses. If the deceased received medical care before passing, the cost of these services—such as hospital stays, surgeries, medications, and other treatments—can be included in a wrongful death claim. These expenses can place huge burdens on families, and recovering these costs can help ease that financial strain.
• Funeral and burial costs. Funerals are an unexpected expense that many families are unprepared for financially. A wrongful death case in civil court can seek compensation for funeral and burial costs, alleviating one area of concern for grieving families.
• Loss of financial support. One of the most impactful economic losses in a wrongful death case is the loss of income that the deceased would have provided. Calculating this loss involves assessing factors like the deceased’s earning potential, benefits, and expected career trajectory. A financial expert may be involved to help estimate the amount of future income lost due to the passing of your loved one.
• Loss of inheritance. In cases where the deceased’s untimely death affects the inheritance family members would have received, compensation may also be pursued for this anticipated financial loss.

Non-Economic Damages: Compensating for Emotional Losses

While economic damages address the measurable financial impact, non-economic damages are meant to recognize the emotional and psychological toll caused by the loss of life. These losses are inherently difficult to quantify but are crucial in acknowledging the grief and sorrow that surviving family members endure.

• Pain and suffering of surviving family members. The surviving spouse, children, and sometimes other close family members can recover damages for the mental anguish and suffering caused by the loss. This form of compensation acknowledges the emotional burden families carry after such a loss.
• Loss of companionship and protection. Losing someone you love means losing a source of companionship and security. A wrongful death claim allows spouses to recover compensation for this loss. Children may also be able to recover for monetary compensation for the loss of parental guidance and nurturing.
• Loss of parental companionship, instruction, and guidance. Minor children who lose a parent face the long-term effects of that absence. Florida law allows minor children, and sometimes adult children, to recover for the loss of parental companionship, guidance, and instruction that they would have received.

Why Working with a Wrongful Death Attorney Is Important

A wrongful death claim in Florida can be complex, especially for families coping with their loss. An experienced St. Petersburg injury lawyer can provide invaluable support by handling all aspects of the case, allowing you and your family to focus on healing. A wrongful death attorney will:

• Evaluate and document damages. Your attorney can help identify the economic and non-economic damages relevant to your case and gather evidence to substantiate each claim.
• Negotiate with insurance companies. Insurance companies often try to limit payouts, even in cases involving wrongful death. An attorney can advocate on your behalf to ensure you receive fair compensation for your losses.
• Timely filing. Your attorney can ensure that you file a claim within the statute of limitations, which is typically two years from the date of your loved one’s death.

Provide compassionate guidance. In addition to legal expertise, an experienced wrongful death attorney understands the emotional impact of these cases and will work to support you and your family throughout the process.

For more information about filing a wrongful death claim in Florida, read our wrongful death guide.