Call Now For A Free Consultation 24/7 (941) 954-1234

The Legal Damages Of Wrongful Death


Wrongful death lawsuits are a way for the spouse and direct relatives to get compensation after the sudden and unexpected loss of a loved one. No amount of money can ever replace a person, of course, but money can make a hard time go easier. A wrongful death settlement or court ruling also helps make sure the responsible party or parties will pay for their actions or negligence.

But when you file a wrongful death lawsuit in Florida, you can’t just pull a number out of nowhere. Instead, you need to sue for certain kinds of damages, and not every relative may ask for every kind of damage.

Tangible Claims

These claims are for numbers you can easily calculate. They’re based on expenses you wouldn’t have paid if it weren’t for the wrongful death, or on future income based on the lost person’s job.

• Medical and Funeral Expenses. Medical costs are always on the rise, and it can get very expensive when it comes to trying to save someone near death. Funerals can also cost a lot, especially if you need to get things like a casket on short notice. If a person or organization is responsible for your loved one’s passing, it’s only fair that they pay these costs. The people who can ask for this compensation include any survivors who helped pay them or a representative of the estate if that’s where the money came from.

• Loss of Support and Services, with Interest. This is also based on a very specific number, because it covers the time from the original injury to the time of death. The way to get this number is to calculate the income the decedent (the person who passed) would have made if he or she could have worked at this time. This doesn’t apply to minors who don’t have incomes that support others, but it does include services, the help the decedent could have offered with things like household chores and raising kids. Spouses, parents, and children can all receive this compensation based on how close their relationship was.

• Loss of Future Support and Services. This is a less solid number since it uses a few extra assumptions: how much the decedent would have made in the future based on his or her present income, the decedent’s life expectancy, the survivor’s life expectancy, and how much longer a survivor will be a minor from the time of death. The same survivors can ask for this along with present support and services.

• Loss of Earnings and Net Accumulations. If a decedent would have made more than what future support and services covers, or if he or she had no living relatives, the estate representative can ask for these damages.

Intangible Claims

The value of a person is more than just the money they can make. Intangible claims attempt to represent this by putting a price on the priceless.

• Loss of Companionship and Protection. Spouses may recover this kind of damage. It’s based on how close the spouse was, so if the couple were living apart and had separate incomes the number will be lower. It may also go down if the spouse quickly remarries.

• Loss of Parental Companionship, Instruction, and Guidance. This is for surviving children. Minor children can ask for this damage if they’re under 25 years old and the decedent’s spouse is alive, but any children can ask for it if the spouse is divorced or passed.

• Mental Pain and Suffering. Just about every survivor can ask for this compensation. It’s part of the first two claims, and parents can also claim mental pain and suffering for the wrongful death of a minor child. However, if the child is an adult, parents can only claim mental pain and suffering if there are no other survivors.

If you live in southwest Florida and you have reason to believe someone is responsible for a loved one’s death, you should contact the offices of , Goldman, Babboni, Fernandez, and Walsh. We will evaluate your case for free, and we’re ready and willing to fight for you all the way through the courts if needed.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

The Legal Damages Of Wrongful Death

Goldman Babboni Fernandez
Murphy & Walsh




Attorney Case Review
Get The Justice
You Deserve

Free Attorney Consultation

Law offices
Near you

Serving All Of Southwest Florida