Understanding Wrongful Death in Florida
A wrongful death lawsuit seeks to recovery monetary damages for emotional and financial losses suffered by loved ones when a family member dies because of the negligent conduct of another. The purpose of a wrongful death suit is to provide relief to family members who have been emotionally and financially injured as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. The personal representative does not need to have a connection with the events that caused the decedent’s death. The decedent’s negligence, however, will be imputed to the plaintiff, thereby reducing or barring the plaintiff’s recovery on behalf of the estate to the extent that the decedent’s negligence was a proximate cause of his or her own death.
Damages in wrongful death cases are intended to compensate for losses resulting from the death of a family member. Some losses are measurable - a widow in a wrongful death suit, for example, may seek to recover the financial support that she would have received had her spouse lived. Other damages are more general in nature, however. Types of recoverable damages in wrongful death suits include:
- Direct expenses, including medical bills and funeral costs.
- Loss of benefits the person could have received from a pension or retirement plan if he or she had lived.
- Loss of future earnings the person would have received in salary if he or she had lived.
- Loss of companionship the person who died would have emotionally provided to a relationship.
- The mental pain and suffering experienced as a result of the person’s death.
- Punitive damages to punish the defendant for the wrongful act that resulted in the victim’s death.
Calculating damages is a complex process involving multiple factors. Some factors include (1) how dependent the plaintiff was on the decedent; (2) the nature of the relationship with the decedent; (3) the anticipated lifespan of the decedent, (4) the anticipated earnings and other benefits of the decedent, and (5) the presence of any comparative fault. Often, determining the appropriate amount of damages for a particular element can be difficult. For example, when addressing damages for loss of companionship, a jury must attempt to put a price tag on the emotional loss suffered from the decedent’s death.
In Florida wrongful death cases, special consideration is given to the statute of limitations. Generally, you have 2 years from the time of the decedent’s death to file a lawsuit.
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