How Are Damages Determined in a Florida Wrongful Death Lawsuit?

The loss of a loved one is a traumatic event. Family members congregate to remember and grieve the dead, and it sometimes feels impossible to carry on. However, if your loved one died because of someone else’s carelessness or wrongful act, you might be able to receive compensation in a wrongful death lawsuit.

Florida’s wrongful death law allows certain family members to receive “damages,” which are a sum of money for certain economic and non-economic losses you have suffered. Though this money can never replace a loved one, it can provide peace of mind and some measure of financial security.

You Can Receive Compensation for Economic Losses

A loved one might have provided an economic benefit that is now gone since he or she died. Generally, you can receive compensation for these economic losses. Florida’s wrongful death law allows survivors to receive damages for income the deceased would have earned had he or she lived.

Calculating this amount can be tricky. However, a jury will look at many factors, such as the age, skill, and education your loved one had at the time of death. A deceased who was college educated and making $80,000 a year at age 35 would have earned more over a lifetime than someone who had a high school diploma and was making $30,000 at age 55.

Other economic losses include lost benefits, like health insurance or pension or retirement benefits that were lost when the deceased died. Survivors can also recover money for lost services. For example, the deceased might have cooked, cleaned, and done laundry, and you can receive damages to hire someone else to do this now.

You Might Receive Money for Non-Economic Losses

A loved one’s death does more than negatively affect your wallet. You probably also have suffered losses that are harder to measure in monetary terms. Nevertheless, these emotional and intangible losses are very real. Many of our clients have received damages for the following:

  • Loss of guidance, protection, and companionship
  • Pain and suffering

Not all survivors qualify for these types of damages, so you need to closely analyze your individual circumstances. An experienced attorney can also estimate how much you could possibly receive.

Speak to Dolan Dobrinsky Rosenblum Today

In your time of need, you deserve an experienced Miami wrongful death attorney who is looking out for your best interests. Let our firm handle the legal details of a wrongful death lawsuit. To schedule a free consultation, please call 305-371-2692 or submit an online message.