Determining Damages In A Florida Wrongful Death Case
Brian O Sutter
Wrongful Death
Wrongful death cases are a different sort of personal injury case. While in personal injury cases determine damages based upon the impact the incident had on the injured party, wrongful death cases determine damages based more upon the impact placed on the deceased party’s surviving loved ones. From their economic well-being, to their emotional well-being, wrongful death case settlements are to cover many different impacts, helping the surviving family to better recover from the devastating incident. Compensatory Damages
Compensatory damages will make up the bulk of a wrongful death settlement. These damages are awarded in order to repay the victim’s family for expenses such as medical costs and funeral expenses. If the deceased required ongoing medical care before eventually succumbing to their injuries, these expenses will be covered in compensatory damages as well.
Proving compensatory damages is fairly simple. The family of the deceased will simply need to submit all medical bills and records into their evidence, proving the amounts they’ve paid in order to cover these costs. In wrongful death cases, compensatory damages are rarely contested if the proper evidence is presented in their case.
Lost work wages are also considered compensatory damages, referring to the professional income the deceased would have earned had the accident not occurred. Lost wages are calculated by taking the victim’s age, the victim’s average life expectancy, and the victim’s earning potential, and combining these figures with how long the victim was expected to remain in the workforce. Unlike medical and funeral expenses, this figure can be more complicated to figure in and prove when factoring it into your desired settlement. However, with a wrongful death attorney at your side, incorporating lost work wages into your compensatory damages can be a much more confident experience.
Punitive Damages
Punitive damages may also be sought in a wrongful death case in some instances in Florida. Depending on the circumstances surrounding the case, if there is gross negligence or intentional recklessness involved, punitive damages may be awarded to cover emotional damages not paid out of pocket. These damages are awarded alongside compensatory damages, providing a monetary form of relief that can help grieving families to lessen the emotional pain they’re feeling.
The Elements Present In A Wrongful Death Case
In order to pursue damages in a wrongful death case, a few elements must be proven. Essentially, surviving family members must be able to prove that the death of a loved one was the direct result of another party’s negligent or reckless actions, and that their loved one was owed a certain duty of care by the reckless party. If these elements can be proven, the family will likely have a successful experience pursuing compensation through a wrongful death case in the state of Florida.
Wrongful death cases can stem from a variety of circumstances. In the state of Florida, these types of cases often stem from car accident, motorcycle accident, slip and fall accident, truck accident, or work accident cases, but may also be the result of assault or more nefarious circumstances as well.
Wrongful death cases are stressful and difficult to Florida families already facing the loss of a loved one and all that comes with it. If you’re looking to recoup damages from a wrongful death, the assistance of a skilled Florida personal injury attorney can make a huge difference in your case. To learn more about wrongful death cases in Florida, and how your family can be awarded the damages you need to move on from a wrongful death, contact us at AllInjuriesLawFirm.com today.