“Although no amount of money can bring back a loved one, the laws of the State of Florida do allow a survivor of a wrongful death to recover

damages from an at fault party in a wrongful death lawsuit.”

WRONGFUL DEATH DAMAGES IN

FLORIDA

AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

The loss of a loved one is never easy to accept. When the death of a loved

one was preventable it is all that much more difficult to accept. The

unexpected death of a family member often causes financial hardship

along with the emotional trauma. Although no amount of money can bring

back a loved one, the laws of the State of Florida do allow a survivor of a

wrongful death to recover damages from an at fault party in a wrongful

death lawsuit. Because each wrongful death case includes a unique set of

facts and circumstances it is always best to consult with an experienced

Florida wrongful death attorney to ascertain what type of damages you

might be entitled to for your loss; however, it can also be advantageous to

have a basic understanding of wrongful death damages in Florida.

WHAT IS A WRONGFUL DEATH IN FLORIDA?

We often say things

such as “My spouse was

killed in a car accident”

or “I lost a parent in a

slip and fall accident”

when in reality the

incident that caused the

fatal injuries was not

truly an accident but

was a wrongful death.

A wrongful death in

Florida is defined as a death caused by a wrongful act, negligence, default,

or breach of contract or warranty. A car accident, for example, is typically

the result of negligence on the part of another motorist. Likewise, if a

victim is pushed or falls during the course of a physical fight, the slip and

fall accident that follows is not an accident at all but the result of

intentional, or wrongful, conduct.Generally, if the decedent would have

been entitled to file a personal injury lawsuit had he or she survived it is

likely a wrongful death case.2 percent of all SCIs. ury i on average, by 10-

20 percent for a person living with a SCI.

• CI are estimated to be anywhere from $1 million to $4.6 million,

depending on the age at onset and the severity of the injury.

•

DAMAGES IN A FLORIDA WRONGFUL DEATH LAWSUIT

Florida’s Wrongful Death Act allows certain survivors of a wrongful death to

pursue damages from the at fault party. “Damages” is the legal term used

to refer to compensation paid by an at-fault party to a victim in a personal

injury or wrongful death lawsuit as well as in other types of civil lawsuits.

The type of damages a survivor may be entitled to will depend on the

relationship between the survivor and the decedent.

ALL SURVIVORS

All survivors entitled to damages in a Florida wrongful death lawsuit may

receive the value of lost support and services from the date of the

decedent’s injury to her or his death, with interest, and future loss of

support and services from the date of death and reduced to present value.

Factors that may be considered when determining the value of lost support

and services include:

The survivor’s relationship to the decedent

The amount of the decedent’s probable net income available for

distribution to the particular survivor

The replacement value of the decedent’s services to the survivor.

In computing the duration of future losses, the joint life expectancies

of the survivor and the decedent and the period of minority, in the

case of healthy minor children, may be considered.

In addition, any survivor is entitled to medical or funeral expenses that

were actually paid by the survivor.

THE SPOUSE OF THE DECEDENT

The spouse of a decedent is also entitled to the following types of damages

in a Florida wrongful death lawsuit:

The loss of the decedent’s companionship and protection

Mental pain and suffering from the date of injury

CHILDREN OF THE DECEDENT

When a parent is the victim of a wrongful death in Florida both minor and

adult children of the decedent may potentially be entitled to damages for

Lost parental companionship,instruction, and guidance – adult

children are only entitled to these damages if there is no surviving

spouse. If both parents die within 30 days of each other they are

considered to have predeceased each other for purposes of awarding

damages to adult children.

• Mental pain and suffering from the date of injury.

PARENTS OF THE DECEDENT

The parent of a child who was killed as a result of a wrongful death in

Florida is entitled to damages for mental pain and suffering if the child was

a minor at the time or death or if there are no other survivors in the case

of an adult child.

ESTATE OF THE DECEDENT

The estate of the decedent may also be entitled to damages in the form of:

Loss of earnings of the deceased from the date of injury to the date

of death, less lost support of survivors excluding contributions in

kind, with interest.

Medical or funeral expenses due to the decedent’s injury or death

that have become a charge against her or his estate or that were

paid by or on behalf of decedent.

HOW MUCH TIME DO YOU HAVE TO FILE A WRONGFUL

DEATH LAWSUIT IN FLORIDA?

Like most states, the State of Florida limits the amount of time a claimant

in a wrongful death case has to file a claim for damages. As a general rule,

the statute of limitations

(the time within which a

lawsuit must be filed) is

two years from the date

of injury. There are,

however, a number of

exceptions to the general

rule which could shorten,

or extend, the statute of

limitations.

Claims based on medical

malpractice, for instance, must be filed “within two years from the time the

incident is discovered, or should have been discovered with the exercise of

due diligence; however, in no event shall the action be commence later

than 4 years from the date of the incident or occurrence out of which the

cause of action accrued.” Failing to file a wrongful death lawsuit within the

relevant statute of limitations time frame will forever bar the Plaintiff from

pursuing compensation from the Defendant.

Given the complexity of a wrongful death claim as well as the numerous

exceptions to the general two year statute of limitations it is always best to

consult an experienced Florida wrongful death attorney immediately if you

suspect that a loved one was the victim of a wrongful death.

Florida Statutes, 768.21 Damages

LexisNexis, “Florida High Court Strikes Down Statutory Caps On Medical

Malpractice Noneconomic Damages In Wrongful Death Cases”

ABOUT THE AUTHORS

Amanda Powers Sellers

Florida criminal defense lawyer, Amanda Powers Sellers,

has aggressively defended thousands of Florida criminal

cases. With over nine years of criminal jury trial

experience, she has the necessary background to represent

cases ranging from Driving under the Influence (DUI) to

First Degree Murder.

Amanda is a seasoned litigator and an aggressive negotiator. With a wealth

of experience she has proven that her gentle, but aggressive style of criminal

defense litigation consistently achieves results for her clients.

Jenna C. Finkelstein

Florida criminal defense attorney, Jenna Finkelstein, has

over sixty (60) criminal jury trials to her credit. Her

experience defending individuals charged with crimes in

the state of Florida ranges from domestic battery to DUI

Manslaughter, Sexual Battery, First Degree Murder and all

crimes in between.

She is passionate about the law and promises personal attention to all of her

clients and their individual needs. Jenna is a seasoned trial attorney who

knows the legal system and its players. Jenna and her team at the Law Offices

of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.

Powers Sellers & Finkelstein, PLC 6344 Roosevelt Blvd. Suite B

Clearwater, FL 33760 727-531-2926

http://psffirm.com