When an individual dies due to the neglect or wrongful act of another, the individual’s surviving family members can file a wrongful death for compensation. In the event that the lawsuit is successful, the court must distribute the damages amongst the plaintiffs. The following considers Florida laws regarding the distribution of wrongful death damages in Florida.

Who is entitled to damages in a wrongful death claim? 

According to 2015 Florida Statutes § 768.21 – Damages, survivors in Florida include the decedent’s spouse, children, parents, and in some cases, other blood relatives, such as siblings. If the decedent did not leave behind a spouse, the decedent’s children would receive the compensation and if there are no children, the compensation goes to the parents of the decedent.

Damages Recoverable in a Wrongful Death Suit

The law further explains that each of the survivors shall be eligible to recover compensation for the “value of loss of support and services” of the deceased, as well as the value of future loss of support and services. The insurer will consider the relationship that the survivor has to the decedent when calculating an award amount. The insurer will also consider the amount of probable income that would have benefitted the recipient.

Note: All relatives/survivors are not entitled to the same amount or type of damages.

In addition to the above, the surviving spouse of the decedent may also recover compensation for the loss of the decedent’s company, as well as mental pain or suffering that she suffered.

Children under the age of 18 are also allowed to recover a specific damages type. If there is no surviving spouse, children may recover damages for loss of parental guidance and relationship.

In addition to noneconomic damages, a survivor may recover damages for funeral and burial expenses, as well as medical expenses. The decedent’s estate may also recover loss of earnings.

Contact a Florida Wrongful Death Attorney Now 

To help you to understand what damages are recoverable and how a court will distribute damages in a wrongful death case in Florida, reach out to a wrongful death attorney to discuss your case in more detail today. Serving those who have lost their family members to wrongful act, the attorneys at the Montero Law Center are ready to get to work on your case.

To learn more about how we can help you after losing a loved one, call our offices for a free case review. Contact us at 954-767-6500.