Do you know what types of damages you could receive from a wrongful death lawsuit in Florida? Learn more about the laws in Florida so you know what you can expect.

1. A wrongful death claim is filed to recover damages for the death caused by another’s conduct or
negligence. Unlike a personal injury lawsuit, which is filed by the victim to recover damages for things like
pain and suffering or mental distress, it is brought on by the family or the estate to recover damages that the
victim (decedent) is unable to.
Wrongful Death in Florida
A wrongful death lawsuit provides relief to family members
who suffered emotionally and financially due to the death
of their family member. The plaintiff is a personal
representative of the decedent who does not need to have
been involved in the events that lead to the decedent’s
death.
In Florida, statutes of limitations in wrongful death cases are given special consideration. As a general rule,
a personal representative has two years from the time of death to file a lawsuit. However, wrongful death
actions based on medical malpractice are governed by a separate statute of limitations, which could extend
the time to sue dependent on the facts of each case. There are also defenses that may be used against a
wrongful death suit. The main defenses are comparative negligence, imputed comparative negligence, and
causation, and they may reduce the amount of damages awarded or bar a plaintiff from recovery.
Wrongful Death Damages in Florida
Damages received in a wrongful death case are meant to compensate for the losses that resulted from the
death of a family member. They can be both economic and noneconomic damages for both past and future
damages. Past damages go back up to a certain date, and future damages take into account any future
losses based on life expectancy of the deceased and the survivors.
The case will determine the “survivors” who are entitled to the damages resulting from the death of the
decedent, but the definition is limited. For instance, if the deceased has no surviving spouse or children
under 25, there are no survivors who can claim damage. There could be medical expenses or losses to the
estate, but once again, grown children are not recognized.
Calculating the damages is a long process that involves many factors, including:
Relationship with decedent
Dependence of the survivor(s) on descendant
Anticipated earnings
Lifespan of decedent and survivor(s)
Recoverable losses to survivors are also included in calculating damages, such as:

2. • Pain and suffering
• Loss of companionship
• Loss of wages and benefits
• Loss of net accumulation to the estate
• Punitive damages
• Medical bills
Often determining the appropriate dollar amount for a loss, such pain and suffering or loss of
companionship, can be difficult. But one of the more important elements is future or expected
income loss, such as the earnings or benefits of the decedent if he lived. It is common
practice to use the decedent’s earnings at the time of death and calculate the remaining years
to retirement (or expected death).
It is essential to preserve evidence, investigate the incident and events leading up to it, and
file a lawsuit before the statute of limitation runs out.
For More Information Please Visit:
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