What Damages Are Available After a Wrongful Death in Florida?
Our attorneys can help you navigate all aspects of your upcoming wrongful death case, including identifying which damages are recoverable.
Several types of damages are available after a wrongful death in Florida, starting with economic damages. These should cover any medical costs associated with the victim’s injury before death, as well as funeral expenses. Survivors may also get damages to cover loss of income and earning potential. Victims’ surviving spouses and children should also get non-economic damages to compensate for the mental pain and suffering associated with unexpectedly losing their loved ones. Punitive damages could be available when defendants show intentional malice or gross negligence, but only when lawsuits go to trial in Florida.
Call Rivkind Margulies & Rivkind for help with your case from our Florida wrongful death lawyers at (305) 204-5369.
What Economic Damages Are Available After a Wrongful Death in Florida?
A sudden loss of life can cause financial distress for survivors in addition to considerable mental anguish. Our attorneys can identify the economic damages you can get from a lawsuit by holding the at-fault party accountable.
To begin, survivors can recover compensation for the victim’s probable net income, according to Fla. Stat. § 768.21(1). Losing a major stream of income can be disastrous for surviving families, and our Florida wrongful death lawyers can review victims’ previous incomes and jobs and enlist experts to help calculate their likely earnings had they lived and continued on their earning trajectory.
Additionally, medical and funeral expenses from an injury and subsequent death are recoverable. Not all injuries are immediately fatal, and victims may go to the hospital or undergo extensive medical treatment before their deaths. The cost of such care can be compensated in a case, as well as burial expenses associated with the victim’s funeral.
We’ll help you itemize all compensable economic damages and record proof of them so we can back up relief requests in your lawsuit. This is one of the most time-consuming aspects of preparing wrongful death cases, and records could become disorganized the longer survivors wait to contact our attorneys.
What Non-Economic Damages Are Available After a Wrongful Death in Florida?
Eligible survivors may seek compensation for various non-economic damages following a loved one’s death due to negligence. We can help you determine all the damages you can fight for while seeking justice for a victim in Florida.
For example, a victim’s surviving spouse may recover for loss of companionship and protection, as well as pain and suffering, according to § 768.21(2). Minor children can recover for loss of parental companionship and guidance, and pain and suffering, too. Parents of minor children who die due to negligence may also recover damages for mental pain and suffering from the date of the victim’s injury.
Though these damages are recoverable, calculating them is often difficult. Non-economic damages are subjective, and quantifying the grief or anguish you have experienced since a loved one’s fatal accident can seem impossible initially. Survivors testifying about their struggles can help with non-economic damages awards, as can statements from mental health professionals with expertise in treating those with similar traumatic experiences. Such testimony may sway the jury to increase awards for pain and suffering, as might other factors, such as a minor surviving child’s age when they lost their parent due to negligence or the manner in which the death occurred.
Are Punitive Damages Available in Florida After a Wrongful Death?
Punitive damages are only recoverable in Florida wrongful death lawsuits after plaintiffs prove intentional malice or gross negligence on the liable party’s behalf, according to § 768.72(2).
When initially reviewing your case, we will evaluate the defendant’s conduct to determine if it reaches the level of gross negligence. For example, drunkenly operating a recreational boat and killing a victim who was swimming could constitute gross negligence, opening the door to additional damages for the victim’s survivors. When juries impose punitive damages on defendants, they do so to punish defendants and deter others from engaging in similar behavior. Punitive damages are paid on top of compensatory damages, such as economic and non-economic damages.
Florida typically caps punitive damages in civil cases at $500,000 or three times the compensatory damages awarded in a lawsuit, whichever sum is greater, according to § 768.73(1)(a). Juries award punitive damages, so you can only get them if your case goes to trial, not if it settles out of court.
How Soon Should You Sue for Damages After a Wrongful Death in Florida?
You should sue for damages relatively soon after experiencing the wrongful death of a loved one, as you won’t have unlimited time to do so and could risk the strength of your case the longer you wait.
Florida sets its statute of limitations for deaths due to negligence or recklessness at two years, according to § 95.11(5)(e). This is not much time to prepare and file a viable lawsuit, so contacting our attorneys immediately is important. We can quickly obtain the decedent’s medical records for experts to review, get any police reports related to the fatal accident, and interview eyewitnesses who were present during the incident. Some of this evidence may not be accessible for long, like eyewitness statements, so prioritizing its collection is paramount.
Suing for wrongful death can be an emotionally taxing process, though postponing it could jeopardize your case. The longer civil lawsuits are delayed, the more challenging it could be to preserve evidence and prove the crucial elements of duty of care, breach of duty, causation, and real damages. By prioritizing your case, we can ensure it is filed well before the statute of limitations so you can claim the damages you and other survivors are entitled to.
Call Our Wrongful Death Attorneys in Florida Today
Call Rivkind Margulies & Rivkind to have our Miami personal injury lawyers review your case for free at (305) 204-5369.
