Understanding Compensation in a Florida Wrongful Death Case
Losing a loved one due to someone else’s negligence is devastating. In Florida, the law allows surviving family members to seek justice and financial compensation through a wrongful death claim. Understanding what types of compensation are available can help families plan for the future and hold the responsible parties accountable.
Under Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26), compensation is divided between economic and non-economic damages, depending on the losses experienced by both the estate and surviving relatives.
1. Economic Damages
These represent the measurable financial losses caused by the death. They may include:
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Medical and Funeral Expenses: Costs of final medical treatment and burial or cremation services.
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Lost Support and Services: The financial contributions and household services the deceased would have provided to family members.
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Loss of Earnings: Wages, benefits, and other income the deceased would have earned if they had lived.
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Estate Damages: The estate can recover lost earnings from the date of injury to the date of death, as well as medical and funeral costs if paid by the estate.
Economic damages often require documentation like tax records, pay stubs, and expert testimony to calculate the full value of lost financial support.
2. Non-Economic Damages
These damages compensate for the emotional and relational loss suffered by the family. Florida law recognizes the unique emotional suffering that follows a wrongful death, allowing recovery for:
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Loss of Companionship and Protection: For surviving spouses, recognizing the loss of emotional and physical partnership.
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Parental Companionship, Instruction, and Guidance: For children who have lost a parent.
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Mental Pain and Suffering: Available to spouses, children, and sometimes parents, depending on the circumstances.
Unlike economic losses, these damages are not easily quantified — but they are just as significant in reflecting the human impact of a wrongful death.
3. Punitive Damages (in Certain Cases)
In rare cases involving gross negligence or intentional misconduct, Florida courts may award punitive damages. These are not meant to compensate the family, but to punish the wrongdoer and deter similar conduct in the future — such as in cases of drunk driving, reckless medical care, or extreme corporate negligence.
4. Who Can Recover Damages in Florida
Eligible survivors may include:
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The spouse of the deceased
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Children (including adopted or dependent minors)
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The parents of a deceased minor — or, in some cases, an adult child
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Other dependents who relied on the deceased for support
The personal representative of the deceased’s estate files the wrongful death claim on behalf of all eligible survivors.
5. Why Legal Representation Matters
Wrongful death cases are emotionally and legally complex. A Florida wrongful death attorney can:
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Identify all potential sources of recovery (insurance policies, negligent parties, etc.)
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Calculate long-term economic and emotional losses
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Ensure compliance with Florida’s statute of limitations (generally two years from the date of death under §768.21)
Conclusion
While no amount of compensation can replace a loved one, pursuing a wrongful death claim in Florida can help secure financial stability and hold negligent parties accountable. If your family has lost someone due to another’s carelessness, consult with a Florida wrongful death attorney to discuss your rights and potential recovery options.
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.
