How Much Is a Wrongful Death Lawsuit Worth in FL?
How much a wrongful death lawsuit is worth in Florida will depend on the facts of the case. State laws and other variables will determine how much financial compensation a claimant can recover and the value of those losses.
Working with a wrongful death lawyer from our law firm can help you identify all the awards you can pursue. A personal injury attorney can also help you fight for the maximum compensation possible for the deceased’s surviving family members and estate.
How Much Is a Wrongful Death Lawsuit Worth in Florida?
No amount of money can make up for the loss of a loved one. However, wrongful death compensation can prevent the family of the deceased from facing financial hardships and provide a measure of justice. It can be helpful to think of a wrongful death lawsuit as an opportunity to pursue damages the deceased could have sought with a personal injury lawsuit had they lived.
How much a wrongful death lawsuit is worth in Florida will depend, in part, on the specific losses caused by your family member’s fatal accident and injury. In general, recoverable compensation may include:
- Medical expenses: You can seek reimbursement for medical expenses incurred from the time of your loved one’s injury until their death. Awards may include the cost of emergency transportation, emergency treatment, hospital stays, medical procedures, medications, long-term nursing, and palliative care.
- Funeral expenses and burial costs: Funerals, memorial services, caskets, urns, and other end-of-life expenses can add up to thousands. You can seek compensation for these costs and any other reasonable costs related to laying your loved one to rest.
- Lost financial support: You can pursue your loved one’s lost wages, earnings, and employment benefits from the time their injury occurred until their passing. You can also seek fair compensation for earnings and benefits your loved one would likely have provided had they lived.
- Loss of services and intangible benefits: You can seek damages for the loss of your family member’s services, like household maintenance and childcare. You can also recover awards for the loss of intangible benefits, such as the deceased’s companionship, protection, and guidance.
- Mental pain and suffering: Surviving family members can pursue awards for mental pain and suffering caused by their loved one’s death.
How Are Wrongful Death Proceeds Divided in Florida?
According to Florida Statutes § 768.21, survivors can recover wrongful death compensation for the deceased’s lost income, services, and intangible benefits according to their degree of loss. The court will determine the division of these awards. Usually, the deceased’s surviving spouse and children will receive the largest share of these damages.
The statute also states that survivors can recover medical expenses and funeral and burial expenses if they paid them. If the estate paid these costs, the estate will recover these damages. After the estate pays any taxes or debts it owes, the remaining awards will be distributed to the deceased’s heirs.
A deceased party’s family members cannot file a wrongful death lawsuit. Instead, Florida Statutes § 768.20 states that a deceased’s personal representative (executor) must take action on behalf of the estate and survivors. The lawsuit must name all potential beneficiaries.
How Much is a Wrongful Death Settlement in Florida?
Like lawsuit values, many unique factors can influence how much a wrongful death settlement in Florida is worth. The factors influencing a wrongful death settlement could include:
- Your loved one’s age at the time of death
- The deceased’s average income and their expected future earning potential
- The cost of the deceased’s medical treatment
- The estimated value and duration of the services your loved one would have provided
- Whether the deceased had a surviving spouse and children
- The age of the deceased’s children
- The strength of the wrongful death claim and supporting evidence
Many types of wrongful death cases get settled outside of a lawsuit with an insurance payment. However, if the insurance company does not offer a fair settlement, you can pursue losses in civil court.
Understanding the State’s Modified Contributory Negligence Laws
Another thing that can affect a wrongful death settlement or verdict in Florida is the state’s modified contributory negligence laws.
According to Florida Statutes § 768.81, the court will award compensation for personal injuries and wrongful death according to each party’s percentage of fault for an accident. For example, if the court decides your loved one was 10 percent at fault, it will reduce any judgment by that amount. So, if your loved one’s death resulted in $100,000 in damages, recoverable awards would be $90,000.
Under the law, if a party is more than 50 percent at fault for an accident, they cannot recover any compensation. Therefore, contributory fault can significantly affect how much a wrongful death lawsuit is worth in Florida.
How Long Do You Have to File a Florida Wrongful Death Lawsuit?
Florida Statutes § 95.11 allows two years to sue for wrongful death. If the statute of limitations expires, the court will likely refuse your lawsuit. This statutory deadline will also affect any attempt to secure an insurance settlement because if you can no longer take legal action, you will lose your leverage over the insurance company.
Should You Consult a Wrongful Death Lawyer?
Our law firm’s wrongful death attorneys have the experience and skills to fight for justice for your loved one on your behalf. We can tell you more about your legal options and help you pursue all the damages owed to your family member’s estate and survivors.
Our legal team can also work to build a robust case and advocate for your rights, allowing you the space to grieve. We will manage paperwork, deadlines, and communications and aggressively negotiate for the maximum compensation possible. If necessary, we will pursue your case all the way to trial.
Contact Meldon Law About Your Wrongful Death Case
At Meldon Law, helping the injured and their families isn’t just a job; it’s our calling. Our firm’s wrongful death lawyers will fight for you with compassion and integrity, and we will not back down.
Contact us online or call today for a free initial consultation. Our legal team can tell you more about how much a wrongful death lawsuit in Florida may be worth and how we can serve you.
