What Compensation Can Families Recover in a Wrongful Death Lawsuit?
Losing a loved one unexpectedly is one of the most painful experiences any family can endure. When a loss occurs due to someone else’s negligence or misconduct, the emotional and financial toll can be overwhelming. While no amount of money can replace a family member, Florida law gives surviving relatives the legal right to pursue a wrongful death lawsuit.
At Liggio Law, our experienced wrongful death attorney can help you obtain compensation, allowing you to move forward after facing difficult circumstances. Based in West Palm Beach, Florida, we serve the entire state of Florida. During the overwhelming grief and confusion that follow a wrongful death, we can help you find your path forward.
Wrongful Death Claims in Florida
Florida’s wrongful death lawsuit statute allows certain surviving family members to file a claim against the party responsible for the death. These cases typically involve fatal car accidents, medical malpractice, defective products, workplace incidents, or criminal acts.
Under Florida law, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative brings the claim on behalf of the surviving family members and the estate itself.
Who Can File a Wrongful Death Lawsuit?
Florida limits who can recover compensation in a wrongful death lawsuit. Eligible survivors typically include:
Spouses
Children
Parents of a deceased minor child
Parents of an adult child, if no other survivors exist
Dependent relatives (such as siblings or grandparents)
These family members may recover different types of damages depending on their relationship to the deceased and the financial or emotional support they received.
Types of Compensation Available
Compensation in a wrongful death lawsuit is generally divided into two main categories: economic and non-economic damages. Each serves a different purpose in helping the family cope with the loss.
Economic Damages
These damages are meant to compensate for the direct financial losses related to the person’s death. They’re often easier to quantify and may include:
Medical expenses related to the final injury or illness
Funeral and burial costs
Loss of financial support that the deceased would have provided
Loss of services, such as childcare, transportation, or household work
Lost benefits, including pensions, insurance, or retirement contributions
Loss of future income that the deceased would have earned over their lifetime
Economic damages require documentation, such as medical bills, pay stubs, tax returns, and receipts. In many cases, financial experts are consulted to project future losses.
Non-Economic Damages
Non-economic losses are more subjective but no less significant. They address the emotional impact of the death and the loss of a personal relationship. They may include:
Pain and suffering of the survivors
Loss of companionship, guidance, and protection
Loss of parental instruction and support
Emotional distress, especially in cases involving children
Although these damages are more difficult to calculate, they play a significant role in helping families find closure and some form of justice.
Damages Awarded to the Estate
In addition to the compensation awarded to surviving family members, the estate itself may also be entitled to recover damages. These typically include:
Lost wages from the date of injury to the date of death
Loss of future earnings that would have become part of the estate
Medical and funeral costs paid by the estate
Any amounts recovered by the estate are ultimately distributed according to the decedent’s will or Florida’s intestate succession laws if no will exists.
Factors That Affect Compensation
No two wrongful death cases are the same. The amount of compensation available depends on several factors, including:
The age and health of the deceased: Younger individuals with no significant health issues typically had more years of life and income ahead of them, which can increase the value of the claim.
The deceased person’s income and earning capacity: Courts consider not just what the person earned, but also their potential for career growth, promotions, and benefits like insurance or retirement contributions.
The age and dependency of surviving family members: Minor children, elderly parents, or spouses who relied on the deceased for care or financial support are often awarded more compensation.
The degree of emotional and financial loss suffered: The more deeply a family member was connected to the deceased, both emotionally and practically, the more weight their damages may carry.
The strength of the evidence linking the death to the defendant’s actions: Clear documentation, expert testimony, and witness statements all play a role in establishing liability and the value of the claim.
These factors help the court or insurance company determine what’s fair based on the unique circumstances of each case. Thorough documentation and experienced legal guidance can make a significant difference in the outcome.
Punitive Damages in Wrongful Death Cases
In some Florida cases, the court may award punitive damages. These aren’t tied to financial or emotional loss but are meant to punish the defendant and deter similar conduct in the future.
Punitive damages are only awarded when the defendant’s actions were especially reckless, intentional, or grossly negligent. For example, a wrongful death resulting from drunk driving or criminal behavior may meet this standard. Because these damages are rare and not guaranteed, families should discuss this possibility with legal counsel.
How Compensation Is Distributed
Once compensation is awarded in a wrongful death lawsuit, Florida law determines how those funds are divided.
Economic damages (like loss of support or services) are typically distributed according to each survivor’s relationship and dependency.
Non-economic damages (like loss of companionship) are assigned individually to each survivor based on their emotional loss.
Estate damages are distributed according to the will or Florida intestacy rules.
The court may also review the distribution to confirm that it’s fair and appropriate.
Time Limits for Filing a Wrongful Death Lawsuit in Florida
Families must act quickly to preserve their legal rights. Florida’s statute of limitations for filing a wrongful death lawsuit is two years from the date of death in most cases. Waiting too long can mean losing the right to compensation altogether, so timely action is critical.
However, exceptions may apply, such as in cases involving government entities or delayed discovery of the cause of death. An experienced attorney can help analyze the situation and confirm important filing deadlines.
Common Scenarios That Lead to Wrongful Death Lawsuits
Wrongful death cases can stem from many different situations. Some of the most common include:
Auto accidents, especially those involving distracted, drunk, or reckless drivers
Medical malpractice, such as surgical errors, misdiagnosis, or delayed treatment
Workplace accidents, particularly in construction, transportation, or industrial settings
Defective products, like dangerous medications or faulty equipment
Criminal acts, including assault, homicide, or negligent security
In each of these cases, a thorough investigation is necessary to determine who is responsible and what compensation is available.
Tips for Families Considering Legal Action
Pursuing a wrongful death lawsuit is never an easy decision, but it’s one that can bring financial relief and a sense of justice. Here are a few tips for families considering this step:
Document everything: Keep medical bills, funeral receipts, communications, and police reports.
Act quickly: The clock starts ticking at the time of death, and evidence can be lost or forgotten over time.
Seek legal counsel: An attorney can clarify your rights, value your claim, and handle the legal legwork.
Don’t speak to insurance companies alone: Insurers may attempt to settle quickly and for less than your claim is worth.
Stay informed: A good attorney will keep you updated throughout the process and explain each step.
Legal action won’t erase the loss, but it can ease the financial burden and help families move forward.
Contact Us Today
If your family has suffered a tragic loss and you believe negligence played a role, Liggio Law is here to support you. We serve clients in West Palm Beach, Florida, as well as throughout the state. Contact our office today to schedule a consultation and take the first step toward obtaining justice and compensation.