Damages Recoverable in a Wrongful Death Claim

When a loved one dies, it is a painful time, and nothing can be done to bring them back. However, if your loved one died as the result of someone’s negligence, you may be able to file a wrongful death claim and receive compensation for some of your losses. Damages that are recoverable in a wrongful death claim in Florida are set out in statute. Some examples of damages that may be recovered include:

Loss of Income

A decedent’s estate can recover the amount of income and future earnings that were lost as the result of the death. This is considered an economic loss and is calculated based on the decedent’s age and potential for future earnings.

Medical and Funeral Expenses

If the estate paid for the expenses, then the estate will be compensated. If a survivor of the decedent incurred these expenses, then they will be able to recover them.

Loss of Support and Services

A decedent’s survivor can recover for the loss of support services. This includes things like help provided around the household and any financial support they provided. In evaluating loss of support and services, a number of factors will be considered, including the relationship between the decedent and the survivor, joint life expectancies, the probable net income of the decedent, and the value of the services provided by the decedent (for instance cleaning the house and watching the children).

Loss of Companionship

A surviving spouse can recover damages for the loss of companionship and protection from the decedent. They can also recover for mental pain and suffering resulting from the death of their loved one.

Loss of Companionship, Instruction, and Guidance

Minor children of a decedent can recover damages for the loss of companionship, instruction, and guidance they would have received from their deceased parent. They can also recover for mental pain and suffering from the date of the injury.

Contact a Florida Wrongful Death Attorney

If your loved one has died as the result of someone’s negligence, you should contact an experienced personal injury attorney. Gregg Goldfarb has been helping families with wrongful death claims for over 25 years. Contact us online or call us at 305-374-7000 to schedule a free consultation.

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