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 may be available when defendants show intentional malice or gross negligence, but only if the case goes 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.
Lost Income or Financial Support
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 their earning trajectory.
Loss of Services
You may also claim economic damages related to the loss of certain services your loved one provided before their wrongful death. You may claim the value of these services, which may be based on how much it costs to hire someone for these services now that your loved one cannot provide them.
Common examples of claims for the loss of services include childcare, caregiving services, and general housekeeping. A surviving spouse or family member may find it very expensive to maintain these services once their loved one is gone.
Funeral and Burial Costs
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.
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.
Loss of Consortium
The loss of consortium generally encompasses the loss of an intimate relationship and the benefits that came with it. For example, a victim’s surviving spouse may recover for loss of companionship and protection, the loss of marital intimacy, as well as pain and suffering, according to § 768.21(2).
Legally married spouses may claim the loss of consortium. If you were not married to the deceased person, you might be unable to claim these damages.
Loss of Parental Guidance and Affection
When a parent passes away, leaving their child behind, the child may claim certain non-economic damages, even if they are a minor. Minor children can claim the loss of parental companionship and guidance, and pain and suffering, too.
Loss of a Child
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. In many cases, the loss of a child is considered incredibly painful, and plaintiffs may claim substantial damages for such a grievous loss.
Proving Claims for Non-Economic Damages in Wrongful Death Cases
Though non-economic 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 feel impossible.
Your Testimony
A great way to prove claims for non-economic damages related to a wrongful death is to testify about them in court. Non-economic damages are often unique to each plaintiff, and you may need to take the witness stand and explain how your pain, suffering, and other non-economic damages to the jury yourself.
Mental Health Evaluations
Many non-economic damages revolve around the plaintiff’s mental health and how it has been affected by the wrongful death of a loved one. Mental health is not something anyone can see. It must be explained.
Statements from mental health professionals with experience in treating those with similar traumatic experiences can help us prove your claims. Such testimony may sway the jury to award higher damages for pain and suffering.
Facts About the Victim
Certain details about the victim can shed light on certain non-economic damages and how deeply they have affected your life.
For example, when claiming damages for wrongful death, the victim’s age may be an important detail. When a victim is especially young, juries tend to award higher damages, as the victim has been robbed of many years of life and time.
The way the death occurred is another important factor. More serious, painful, and traumatic accidents may incline a jury to award greater non-economic damages.
Are Punitive Damages Available in Florida After a Wrongful Death?
Economic and non-economic damages fall under the broad category of compensatory damages. Punitive damages are almost entirely separate and awarded for very different reasons, if available.
When Punitive Damages Are Recoverable
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).
Such damages are awarded to punish defendants for bad behavior and hopefully deter future bad behavior. These damages are only awarded under very compelling circumstances, and they tend to be rare.
The Defendant’s Behavior
When initially reviewing your case, our Florida wrongful death attorneys 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.
How Punitive Damages Are Paid
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.
Statute of Limitations
Florida sets its statute of limitations for deaths due to negligence or recklessness at two years, according to § 95.11(5)(e). This time limit begins on the date the victim passed away, which might not be the same day that they were initially injured.
Maximizing Your Time to Prepare
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.
How Do You Know What Damages to Claim in a Florida Wrongful Death Case?
You might be unsure about how to claim damages or how to maximize your potential compensation. While some damages may be immediately apparent, like the loss of your spouse’s income and financial support, others might be less obvious.
An attorney who has experience with wrongful death claims can review your situation and help you identify all your damages.
Are Punitive Damages Always Available in Wrongful Death Cases?
No. Punitive damages are only available in cases where plaintiffs can satisfy the specific legal criteria needed to award punitive damages. Specifically, plaintiffs must present evidence that the defendant acted with malice or gross negligence. If these elements cannot be proven by clear and convincing evidence, punitive damages may not be available.
Can You Recover Compensatory Damages if Punitive Damages Are Denied?
Yes. Compensatory and punitive damages are considered and awarded separately. A plaintiff may claim and be awarded compensatory damages under most circumstances. Punitive damages are more restricted and not always available. If you cannot claim punitive damages, or your claim is denied, you can still claim and be awarded compensatory damages.
Are Punitive Damages in Wrongful Death Cases Worth a Lot of Money?
Possibly. While there is no minimum amount for punitive damages, they tend to involve large sums of money when they are awarded. The idea is that punitive damages only serve as an effective punishment and deterrent for bad behavior when the consequences are severe. As such, punitive damages tend to be significant, acting as a very expensive penalty for defendants.
How Do You Claim Punitive Damages in a Wrongful Death Lawsuit?
The court does not automatically consider punitive damages. Plaintiffs must claim them specifically when they file their initial complaint. They will not be considered if you do not claim them when we file the case.
What Kind of Behavior Often Leads to Punitive Damages Awards in Wrongful Death Cases?
Punitive damages are more likely to be awarded when a defendant acts with malice or gross negligence.
Malice often involves intentional acts of harm. If the defendant assaulted the victim, causing fatal injuries, this may be an example of malice. Even if the defendant did not mean for the victim to die, their intentional actions may still constitute malice.
Gross negligence often involves unintentional acts of harm, but the defendant’s actions are so reckless and dangerous that harm should have been foreseeable, if not highly probable. Drunk driving is a common example of gross negligence. Even if the drunk driver does not mean to cause harm, driving while drunk is highly likely to get someone killed.
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.
