Losing a loved one in an accident is an incredibly painful experience. If a person or other entity acted in a negligent or reckless way, and your loved one lost their life as a result of those actions, you may be able to bring a suit for wrongful death. In the State of Florida, parents, children, and spouses may initiate a legal action for wrongful death.
With common law, there was no legal action that would allow family members to bring a wrongful death lawsuit. However, the State of Florida has enacted the Wrongful Death Act, enabling survivors of the deceased are able to recover monetary damages from the person responsible for the death of the deceased.
How Economic Damages Are Calculated
Nothing can ever replace the loss of a loved one. However, the courts have been forced to create a method to compensate the survivors of a wrongful death in what they deem is a just outcome that may help or ease some of the heartache from the horrific tragedy.
The Court Will Consider the Following
- How much money the deceased made
- The degree of financial dependence that the survivors had upon the deceased
- How much the deceased had in savings
- The earning potential of the deceased
- Earning potential takes into account several factors, including the deceased person’s level of education, choice of profession, etc. The higher the earning potential, the greater the damages
- Life expectancy
- The younger a person is, the greater the potential for earning a lot of money
- Assets belonging to the deceased
- Health of the deceased— A person in good health typically has a better-earning potential than a person who is not in good health
- Funeral expenses
- Medical bills
Non-Economic Damages Are Also Taken Into Account
Regardless of the victim’s monetary income, their non-monetary contribution to the household is always an issue, and is a major factor in determining a fair and just compensation. Such factors include:
- Childcare or child-rearing
- Assisting with the medical or daily living needs of other household members
- Emotional loss
- The loss of parental guidance
- Loss of companionship and affection
- Strength of the relationship between the survivor and the deceased
Call Us With Your Wrongful Death Questions
At Clark Law, P.A., we represent clients in wrongful death cases throughout the State of Florida. Contact a lawyer who can help you navigate the turbulent and devastating effects that a wrongful death can have on a family. The legal team at our firm can help. Call Clark Law today at (855) 680-4911.