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Damages Explained in a Wrongful Death Claim


In Florida, as with many states, beneficiaries are allowed to file a wrongful death claim against the negligent or reckless party that caused the death of the decedent. It is the responsibility of the decedent’s personal representative, named in their will, to bring the claim. In cases where the individual did not have a will, the court will appoint someone to fulfill this duty. In most cases, it is the spouse, parent, or adult child of the deceased.

Who Can File a Wrongful Death Claim / Collect Compensation?

Any of the following parties can file a wrongful death claim and be compensated for their losses depending on various circumstances:

  • Spouse;
  • Parent;
  • Minor child;
  • Adult child; or
  • Any other blood relative who depended on the deceased party for services or support.

Damage in a Wrongful Death Claim

Under statute 768.21, the following damages can be pursued by various parties depending on their relation to the decedent.

  • Any blood relative—Value of loss of support and services from the date of the injury or death, including interest, to the future predicted end date of those services and support.
  • Spouse—Loss of companionship and protection, as well as mental pain and suffering from the date of the injury or death.
  • Minor children, or all adult children if the decedent had no surviving spouse—loss of parental companionship, instruction, and guidance, as well as mental pain and suffering.
  • Parent of a deceased minor child—mental pain and suffering from the date of the injury or death.
  • Parent of an adult child if there are no other survivors (spouse or children of their own)—mental pain and suffering from the date of the injury or death.
  • Any party—Any party who paid for the decedent’s medical or funeral expenses can be reimbursed.
  • Personal Representative—A personal representative can recover, for the decedent’s estate, any of the following:
    • Loss of predicted earnings from the date of the incident, including interest;
    • Loss of the prospective net accumulation of an estate; and
    • Medical or funeral expenses that were charged to his or her estate.

Maximize Your Compensation

While at times it may feel trivial to receive monetary compensation for the loss of a human life, the financial impact that losing a loved one can have is tremendous, whether you are the parent of an adult who died, or are filing a lawsuit on behalf of a minor child who lost their parent. Spouses with children in particular need to maximize their compensation if they lost a partner. For example, the median income of a single mom is just 31 percent of the median two-parent household. An attorney can help set you up with a more stable financial future so that you can focus on coping with the emotional loss, not the economic.

Talk to an Orlando Wrongful Death Lawyer Today

If you lost a loved one, you have the right to file a wrongful death claim against the negligent party and seek compensation for yourself, your family, and all relevant beneficiaries. To discuss your options with a Orlando wrongful death attorney today, call the Payer Law at 407-307-2979 to schedule a free consultation.

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