How Are Pain and Suffering Damages Calculated in a Florida Wrongful Death Lawsuit?
Understanding Emotional and Non-Economic Damages Under Florida’s Wrongful Death Act
When a loved one dies because of someone else’s negligence—whether from a car crash, medical error, or workplace accident—no amount of money can truly make up for the loss. Still, Florida law allows surviving family members to recover compensation for their pain and suffering as part of a wrongful death lawsuit. These damages recognize the emotional trauma, mental anguish, and loss of companionship families endure after such a devastating event.
What Are “Pain and Suffering” Damages in Florida Wrongful Death Cases?
Under Florida’s Wrongful Death Act (F.S. §768.16–768.26), surviving family members—including spouses, children, and parents—may seek non-economic damages for the emotional suffering caused by the wrongful death. These damages differ from economic damages (like lost wages or funeral costs) because they compensate for intangible losses such as:
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Mental pain and anguish
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Loss of companionship and protection (for spouses)
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Loss of parental companionship, instruction, and guidance (for children)
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Loss of emotional support and affection
How Do Florida Courts Calculate Pain and Suffering Damages?
Unlike medical bills or lost income, there’s no formula or fixed amount for pain and suffering. Instead, juries and judges consider several factors, including:
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The nature of the relationship between the survivor and the deceased (spouse, child, parent, etc.)
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The survivor’s emotional and psychological impact, including grief, depression, or trauma
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The deceased’s age and life expectancy
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The survivor’s age, health, and dependency on the deceased
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The circumstances of the death, including whether it was sudden, violent, or involved medical negligence
Attorneys often work with psychological experts, family testimony, and life-impact statements to help juries understand the depth of the family’s loss. In some cases, jury verdicts for non-economic damages can reach substantial amounts, especially in cases involving young children or preventable medical errors.
Who Can Recover for Pain and Suffering in Florida?
Under Florida’s wrongful death statute:
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Spouses can recover for loss of companionship and mental pain and suffering.
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Children under 25 may recover for loss of parental guidance, instruction, and companionship.
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Parents of a deceased minor child (and in some cases, of an adult child with no other survivors) can recover for mental pain and suffering.
These rules are strictly defined, so determining eligibility requires careful legal analysis by an experienced Florida wrongful death attorney.
Why Legal Representation Matters
Insurance companies often undervalue non-economic damages because they’re harder to quantify. An experienced wrongful death lawyer can gather the necessary testimony, expert opinions, and documentary evidence to demonstrate the full emotional impact of the loss. This helps ensure families receive fair compensation that reflects both their financial and personal suffering.
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.
