If you have suffered the tragic and unexpected loss of a loved one in Florida, you may be wondering about your legal rights as family members to recover wrongful death damages. While no amount of money can ever replace what has been lost, understanding wrongful death damages and how they are allocated by law can assist families with their grief and move forward during this difficult time.

Herman & Wells has extensive experience handling wrongful death cases in Florida and can help you through this difficult process. Contact us today and one of our experienced wrongful death attorneys will review your claim at no cost.

Let’s review all the details about Florida wrongful death damages so that you know exactly where you stand when it comes to seeking justice for an untimely passing.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    Wrongful death in Florida is the legal term used when a person dies as a result of another person’s negligence or intentional act.
  • 2
    To qualify as a wrongful death claim in Florida, the death must have been caused by the wrongful act or omission of another person and at least one family member must suffer an actual financial loss.
  • 3
    Damages awarded can include economic, non-economic, and punitive damages.
  • 4
    Factors such as degree of fault, reckless/malicious conduct and knowledge are considered when awarding punitive damages.
  • 5
    Only certain family members can sue for compensation, including spouses, minor children, and parents of a minor child. Adult children may be eligible under certain circumstances.
  • 6
    Damages are calculated based on type and degree of injury, economic/non-economic losses suffered by surviving family members.
  • 7
    There is a two year statute from the date of death to file a wrongful death claim in Florida.

Wrongful Death Eligibility Laws in Florida

Wrongful death in Florida is the legal term used when a person dies as a result of another person’s negligence or intentional act. If you have lost a loved one due to someone else’s wrongful conduct, you may be entitled to compensation for your losses.

In order to qualify as a wrongful death claim in Florida, certain conditions must be met. First, the death must have been caused by the wrongful act or omission of another person or entity. Second, at least one family member must suffer an actual financial loss as a result of the death. This can include lost wages, medical expenses associated with the deceased’s death, and funeral/burial costs.

What Types Of Damages Are Rewarded In Wrongful Death Cases?

In a successful wrongful death claim, damages awarded to family members and/or beneficiaries may include economic or non-economic damages. In Florida wrongful death cases, both economic losses (which can be easily calculated), as well as non-economic losses (which can be harder to calculate), are eligible for compensation.

Economic/Financial Damages

  • Funeral expenses
  • Lost wages and future earnings of the deceased
  • Medical bills related to the fatal incident

Non-Economic Damages

  • Pain and suffering experienced by the deceased from the moment of injury until death
  • Loss of services, including love and companionship

Punitive Damages

In certain cases, punitive damages may also be awarded in Florida wrongful death claims. Punitive damages are additional monetary awards that are intended to punish the wrongdoer and serve as a deterrent against similar future occurrences.

To determine whether punitive damages should be awarded, a Florida court will consider factors such as the wrongdoer’s degree of fault, any reckless or malicious conduct, and whether the defendant possessed a high degree of knowledge.

If you have questions about wrongful death in Florida, seek legal help from an experienced Florida wrongful death attorney who can provide you with expert advice regarding your situation.

What Factors Determine How Damages Will Be Allocated In A Wrongful Death Case?

Under Florida law, the court will look at several factors when determining how damages should be allocated in a wrongful death case. These factors include:

  • The degree of dependency on any particular beneficiary by the deceased person
  • The age and health of each beneficiary
  • Each beneficiary’s current financial situation
  • Each beneficiary’s need for financial assistance
  • The amoun