Miami Wrongful Death Lawyer

What Compensation Is Recoverable in a Wrongful Death Claim?

Florida’s Wrongful Death Act has specific provisions governing the compensation available in wrongful death cases and who can recover it.

For Survivors

• Lost Support and Services – Survivors can recover the value of lost support and services, both from the time between the decedent’s injury and their death and for projected future losses, adjusted to present value. Factors like the survivor’s relationship to the deceased, the deceased’s probable net income, and the replacement value of their services can affect this compensation.
• Loss of Companionship and Protection – If the deceased leaves behind a surviving spouse, the spouse may recover for the loss of the decedent’s companionship and protection. They can also seek compensation for their mental pain and suffering beginning from the date of injury.
• Lost Parental Companionship, Instruction, and Guidance – Minor children, and all children if there is no surviving spouse, can recover for the lost companionship, instruction, and guidance of a deceased parent. They can also claim compensation for their mental pain and suffering.
• Mental Pain and Suffering for Parents – Parents of a deceased minor child may recover money for their mental pain and suffering since the date of the injury. Parents may also recover for mental pain and suffering if the deceased is an adult child with no other survivors.
• Medical and Funeral Expenses – Any survivor who paid for medical or funeral expenses due to the decedent’s injury or death can recover compensation for these costs.

For the Decedent’s Estate

• Loss of Earnings – The deceased’s personal representative can seek compensation for the loss of the deceased’s earnings, from the date of injury to the date of death, for the estate. The estate can also recover for loss of “prospective net accumulations,” which is money the deceased could reasonably have been expected to earn had they lived, adjusted to present value.
• Medical and Funeral Expenses – The estate can also claim money for these expenses as long as they are from a charge against the estate or were paid by or on behalf of the decedent.
• Limitations and Exceptions – All monetary awards for the estate are subject to the claims of creditors who comply with relevant probate laws.

How Are Wrongful Death Settlements Paid Out?

The process of disbursing settlements or awards in wrongful death cases can vary significantly depending on the specifics of the case, the parties involved, and the court’s judgment.

Lump-Sum vs. Structured Settlement Payments

In many instances, the responsible party or their insurance company pays the entire settlement amount in one lump sum. This method has the advantage of providing immediate financial relief to the survivors and the estate. A lump-sum payment can be particularly beneficial when there are large, immediate costs to cover, such as funeral expenses or outstanding medical bills.

Alternatively, some settlements are paid out over time through structured settlements. In these arrangements, the plaintiffs receive smaller, periodic payments over a defined period, which could extend for years or even a lifetime. Structured settlements are useful for long-term financial planning or providing steady income streams for survivors like minor children who have lost their parents.

Allocation Among Beneficiaries

Another aspect to consider in Florida is how the wrongful death settlement or award will be distributed among the various beneficiaries. The court usually dictates disbursement based on the decedent’s will, if one exists, or state law. The court considers the nature of the loss suffered by each survivor and might also account for any wishes the decedent expressed before their death.

Tax Implications

It’s worth noting that wrongful death settlements might have tax implications. While the IRS generally does not consider compensation for injuries as taxable income, those monies are taxable if punitive damages were included in the award for wrongful death. The best way to set reasonable expectations for the potential payout and tax obligations in a Florida wrongful death settlement is to consult a trusted lawyer.