Understanding Wrongful Death Damages in Florida
When a loved one dies due to another person’s negligence—whether in a car accident, medical malpractice, or workplace incident—Florida law allows surviving family members to pursue a wrongful death claim. The purpose is to provide financial and emotional compensation for the losses caused by the death.
Florida’s Wrongful Death Act (Fla. Stat. § 768.16–768.26) divides recoverable damages into two main categories: economic damages and non-economic damages. Understanding the difference between these two types of compensation can help families pursue a fair recovery.
Economic Damages: Financial Losses You Can Measure
Economic damages compensate survivors for measurable financial losses resulting from the decedent’s death. These are based on tangible evidence such as earnings, bills, and receipts.
Common examples include:
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Lost income and benefits: Wages, salary, bonuses, and retirement benefits the deceased would have earned had they lived.
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Loss of support and services: The financial value of the care, guidance, and assistance the deceased provided to family members.
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Medical and funeral expenses: Costs related to the deceased’s final medical care and burial.
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Loss of future earning capacity: The expected income the deceased would have generated over their lifetime, adjusted for inflation and life expectancy.
Economic damages are often established through expert testimony, including economists, accountants, or vocational experts who calculate the lifetime financial impact of the loss.
Non-Economic Damages: Emotional and Human Losses
Non-economic damages address the emotional suffering and loss of companionship experienced by surviving family members. These damages are not tied to financial statements or receipts—they reflect the human impact of losing a loved one.
Under Florida law, survivors may seek non-economic damages for:
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Mental pain and suffering: The emotional distress of losing a parent, spouse, or child.
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Loss of companionship and protection: Especially relevant for surviving spouses.
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Loss of parental companionship, instruction, and guidance: For children who lose a parent.
Unlike economic damages, non-economic damages are inherently subjective. The amount awarded can depend on the strength of testimony, the nature of the family relationship, and the circumstances of the death.
Who Can Recover Damages in Florida
According to Florida’s Wrongful Death Act, eligible survivors include:
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The spouse, children, and parents of the deceased.
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Dependent family members, including blood relatives or adoptive siblings who relied on the deceased for support or services.
The personal representative of the estate files the wrongful death claim on behalf of both the estate and the survivors.
Why Legal Representation Matters
Wrongful death cases are emotionally charged and legally complex. Determining fair compensation requires careful evaluation of the deceased’s earning potential, family relationships, and long-term impact on survivors. An experienced Florida wrongful death attorney can help gather evidence, retain experts, and ensure your family’s rights are fully protected.
Final Thoughts
Both economic and non-economic damages play a vital role in achieving justice after a wrongful death. While no amount of money can replace a loved one, understanding these categories helps ensure the responsible party is held accountable—and that the family receives the support they need to rebuild their lives.
Contact Florida Wrongful Death Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
