Calculating Damages in Florida Wrongful Death Cases

In Florida, when someone passes away due to the negligent or wrongful acts of another person, the deceased individual’s surviving relatives may be eligible for financial compensation for various losses they have suffered due to the death. Accurately determining the value of a wrongful death claim in Florida often takes assistance from an experienced attorney.

What Types of Damages Are Available in a Florida Wrongful Death Case?

While no amount of money could ever make up for the death of a loved one, obtaining economic and noneconomic damages can allow a family to move forward without undue financial stress caused by a loss of life.

The following types of damages are available through a wrongful death claim in Florida, according to Florida Statutes §768.21:

• Lost support and services, with interest, and future loss of support and services
• Lost companionship and protection (for a surviving spouse)
• Lost parental companionship, instruction and guidance (for surviving children)
• Mental pain and suffering from the date of injury
• Medical or funeral expenses
• Loss of earnings of the deceased from the date of injury to the date of death
• Loss of prospective net accumulations of the estate

Florida’s wrongful death laws aim to make surviving family members, beneficiaries or the decedent’s estate financially whole again after a preventable loss of life. The specific damages an individual or family can receive will depend on the unique losses suffered.

How Are Damages Calculated?

Damage award calculations are determined by the Florida Wrongful Death Act (§ 768.16-768.26). For example, compensation for a decedent’s lost earnings is calculated through lost net accumulations to the deceased person’s estate and lost financial support to the decedent’s survivors. Factors that may be considered when evaluating lost earnings include the decedent’s age, overall health at the time of death, past earnings, skills and propensity to save.

Economic Damages

Calculations of economic damages in a wrongful death case are based on financial documents and hard numbers, such as hospital bills and wage statements. An individual or family that is pursuing a wrongful death claim can prove economic damages with paper records, actual financial costs and projected future losses.

Noneconomic Damages

Calculating noneconomic damages in a wrongful death claim is not as straightforward, as emotional losses are difficult to quantify. Putting a dollar amount on the mental anguish and emotional suffering your family has endured can feel impossible. An attorney can help you with this calculation through tools such as personal statements, testimonies from experts, comparable cases and compelling storytelling.

The Importance of Hiring a Tampa Wrongful Death Lawyer

Wrongful death damage calculations are highly complex. It is critical for a grieving family to hire a wrongful death attorney in Tampa to help them accurately calculate the value of a case and seek maximum financial compensation using aggressive negotiation strategies. Otherwise, the family is at risk of accepting an insurance settlement that undervalues the claim.

At Vanguard Attorneys, we know that no dollar amount can possibly equate to your loved one’s life. However, we hope that obtaining maximum financial compensation can provide your family with greater stability and peace of mind during this difficult time. Discuss how much your wrongful death claim is worth with one of our attorneys today at no cost or obligation. Request a free case consultation.