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How To Calculate Wrongful Death Damages

on  Personal Injury

Losing a loved one is an incredibly difficult experience. In the blink of an eye, everything you envisioned for your future is changed. Discovering that someone else’s negligence caused your loved one’s death can feel even more devastating and impossible. When this happens, what do you do, and where do you turn for help?

If you lost a loved one in an accident in Florida, you may be entitled to compensation for your losses and damages. We know that no amount of money could ever replace what you’ve lost. However, you and your family should not endure financial burdens in the future because of another person’s actions. 

But what damages can you seek, and how do you calculate all that you’ve lost? Calculating wrongful death damages can be a complex and confusing process, especially if you are unfamiliar with the legal system.

In Florida, the law provides specific guidelines for the types of damages that can be awarded in a wrongful death case and who is entitled to receive them. These damages can include compensation for medical and funeral expenses, lost earnings and future income, loss of support and services, and more. Understanding your legal rights and options regarding wrongful death damages is crucial to ensuring you receive fair compensation for your losses.

Calculating wrongful death damages requires a careful analysis of various factors, such as the age and health of the deceased, their earning capacity, and the impact of their death on their surviving family members. 

Working with an experienced Florida wrongful death attorney during this time is critical. They can help you navigate this process and determine the appropriate compensation for your case. By taking the time to understand your legal rights and options, you can ensure that you get the compensation and justice you and your family deserve, so you can move forward after suffering such an unimaginable loss.

Understanding Wrongful Death Damages in Florida

In Florida, surviving family members may be eligible to file a wrongful death claim to seek compensation for specific damages. These damages try to compensate grieving families for the losses and expenses after a wrongful death. 

Florida law determines who can file a wrongful death claim and what type of damages you can seek. An experienced wrongful death attorney at our law firm can review your case and help you explore the possibility of filing a wrongful death claim. 

Who Can File a Wrongful Death Claim?

Under Florida law, a wrongful death claim must be filed by the personal representative of the victim’s estate. This representative is typically named in the victim’s will or appointed by the court if there is no will. The personal representative files the claim on behalf of the surviving family members eligible for compensation.

In Florida, eligible survivors include the victim’s spouse, children, parents, and other blood relatives or adoptive siblings dependent on the victim for support or services. 

What happens if there are no surviving family members? In this situation, the court may award damages to the victim’s estate.

How Are Wrongful Death Damages Calculated?

If you have lost a loved one due to someone else’s negligence or wrongful act, you may be entitled to compensation for your damages. However, calculating damages in a wrongful death case can be complex.

Wrongful death damages are calculated based on several factors, including economic and non-economic damages. In some cases, the courts may additionally award punitive damages to punish the responsible party. 

  1. Economic Damages. Economic damages are the financial losses you have suffered due to your loved one’s death. These damages can include:
  • Loss of Income: This includes your loved one’s expected lifetime earnings and any potential inheritances.
  • Medical Expenses: Any medical bills incurred due to your loved one’s injuries or illness leading to death. 
  • Funeral Expenses: This includes the cost of the funeral and burial or cremation services.
  1. Non-Economic Damages. When you lose a loved one, you suffer more than just financial losses. You lose their companionship, their guidance, and their love. You may suffer from PTSD, depression, and even self-harm. The Florida courts know this and allow grieving family members to seek damages to cover their emotional and psychological losses as well.
  2. Punitive Damages. Punitive damages are sometimes awarded in cases where the defendant’s actions were particularly egregious or malicious. These damages punish the defendant and deter others from engaging in similar behavior. 

How Can a Lawyer Accurately Calculate Wrongful Death Damages?

Calculating wrongful damages can be complex and challenging. That’s where a skilled wrongful death lawyer can help you. 

To accurately calculate wrongful death damages, your lawyer must gather evidence to build your case. This includes medical records, autopsy reports, police reports, witness statements, and other relevant documents. They will use this information to determine the cause and extent of your loved one’s death and the impact of their death on your family.

Your wrongful death lawyer will then determine the damages you can seek, such as economic and non-economic damages. In wrongful death cases filed against large corporations or companies that put profits before the safety of their consumers, such as pharmaceutical companies or auto manufacturers, they may even seek punitive damages. 

Your attorney will then need to calculate fair compensation. This involves determining the value of economic damages and applying a multiplier to non-economic damages. Your lawyer can also need to consider the age, health, and earning capacity of your loved one to determine the future financial impact of their death on your family.

Once your attorney has determined a fair value for your loss, they will begin negotiating your claim with the insurance company. 

Negotiating with Insurance Companies

Insurance companies will not want to pay you and your loved ones what you truly deserve. That’s why you need an attorney fighting for your family and your rights. Insurance companies may try to offer you a low settlement or deny your claim altogether. Your lawyer will use their experience and knowledge of Florida wrongful death laws to negotiate with insurance adjusters and fight for your rights.

Contact Our Wrongful Death Lawyers Today

If you lost a loved one in an accident, you need someone on your side who will fight for you and your family during this difficult time. No amount of compensation could ever right the wrongs you’ve suffered. However, you shouldn’t have to endure unnecessary financial hardships because of someone else’s actions. 

Our Florida wrongful death lawyers are here to guide you and your family through the legal process and take the burdens off your shoulders. We strive to make it easy for grieving families and do everything we can to hold reckless parties accountable. 

To schedule a free legal consultation to discuss your potential wrongful death case, contact Prosper Shaked at (305) 694-2676. You may also use our online submission form to contact the firm.