How is wrongful death compensation calculated?

The compensation awarded in a wrongful death lawsuit is calculated based on a monetary amount covering both economic and non-economic losses for the survivors, typically children and spouses, the parents of a deceased minor child, and for blood relatives or adoptive children who are dependent on the person.

In a Florida wrongful death lawsuit, you may be entitled to awards for economic losses such as:

• hospital and medical expenses before death
• lost wages after the incident and before the decedent passed
• funeral costs if the survivor or estate paid

Furthermore, you may be entitled to awards for non-economic losses such as:

• pain and suffering your family member experienced before death
• the surviving spouse’s lost companionship and protection
• the surviving spouse’s pain and suffering
• loss of parental companionship and guidance for minor children
• suffering and pain for parents who have lost a child

The financial and emotional support you expect to receive from your loved one may also be covered by the financial compensation. This could refer to daily assistance to the decedent’s savings you would have benefited from, for instance. The amount of support each family member can receive is based on a few factors, namely:

• your relationship to the deceased person
• the cost of replacing services rendered by your family member
• the amount of net income available to distribute

Family members can receive a wrongful death settlement in several ways. Eligible family members will receive appropriate portions of the verdict or settlement under Florida law. Usually, family members, such as spouses, children, parents, or siblings, may be eligible under Florida wrongful death law. Who is entitled to share in the settlement will depend on the situation of the case. A knowledgeable and experienced attorney can explain how this works in your unique situation.

How can The Law Offices of Sean M. Cleary help?

If you lost a loved one due to someone else’s negligence and want to file a wrongful death lawsuit, The Law Offices of Sean M. Cleary can provide you with the legal assistance you need for your specific case. Regardless of the complexity of your case, we can help you obtain the most favorable outcome, so do not hesitate to contact us.