Damages Involved In Florida Wrongful Death Cases

Damages Involved In Florida Wrongful Death CasesWhen a preventable accident occurs, and this accident results in the death of a loved one, the family will often experience a great deal of trauma, guilt, and stress. In Florida wrongful death cases, the families are often not thinking clearly on all of the factors that may impact their damages at first, as they are burdened by the emotional toll the death has taken, but a personal injury lawyer can be there to help and make sure everything is under control legally. Wrongful death damages can cover a wide variety of different factors surrounding the accident, and all angles should be considered when crafting a wrongful death case to receive compensation.

Wrongful death, as defined by the state of Florida, refers to a death caused by a wrongful act, negligence, default, or a breach of contract or warranty, and the damages that a survivor may be able to receive will depend on the particular situation as well as the relationship they have with the deceased. Damages refer to the different types of compensation awarded in a wrongful death case, and these can cover funeral expenses, missed wages, medical bills, or any other expenses caused by the wrongful death situation.

Descendent Relationships And Possible Damages

In the state of Florida, the relationship a person had with the deceased makes a big impact on the damages they themselves may be able to receive. Different damages awarded to different types of descendants are:

  • Spouse – The spouse of the deceased may be able to be awarded damages for the loss of their spouse’s partnership, companionship, and protection as well as compensation for any pain or suffering they may have experienced since the wrongful death occurrence.

  • Children – If the deceased party had children, their children may also be awarded different types of damages from their other parent or the descendant’s spouse. The damages awarded to children will often include loss of parental guidance and companionship, and mental pain and suffering. If the children are adults, they may only be able to receive damages for loss of companionship if there is no surviving spouse.

  • Parents – If the deceased is a minor child, the parents will be able to receive damages for mental pain and suffering. In cases of adult children, this compensation may still be awarded if there are no other surviving children.

Wrongful Death And Estate Damages

The estate of the deceased may also be awarded damages in cases of wrongful death, and these damages will be different than those received by the family of the deceased. The estate will often be rewarded damages covering the loss of future wages due to the wrongful death, as well as a compensation for any funeral or medical expenses incurred as a result of the accident in question.

Statute Of Limitations In Wrongful Death Cases

In the state of Florida, a 4 year statute of limitations is placed on wrongful death cases, and this means that if damages are to be sought, they must be sought within 4 years of the accident. Whether the wrongful death was a result of a car crash, a slip and fall accident, a work accident, or any type of accident, the case must be brought to court within 4 years in order to receive any damages the survivors may be entitled to.

At GetMeJustice.com, we know just how difficult wrongful death cases can be, and our professionals are here to help with any questions you may have regarding your wrongful death case. If you’ve experienced the wrongful death of a loved one, simply call us today to see how we can help.


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