Losing a loved one suddenly and unexpectedly can blindside you, leaving you struggling for years with financial and emotional hardship. If the death was caused by someone else’s negligence, you may be able to receive compensation through a wrongful death action.
Although no amount of money can bring a loved one back, Florida law allows a wrongful death lawsuit to be brought on behalf of surviving family members. If you succeed in proving negligence, you could receive various forms of compensation. These are known as your damages.
Economic and non-economic damages
Damages are typically categorized as economic and non-economic. Economic damages include burial and funeral expenses, medical costs and lost wages. Non-economic damages include pain and suffering, mental distress or loss of consortium, which is the loss of the support and companionship from your loved one.
The key difference between economic and non-economic damages is that economic damages involve costs that can be calculated or estimated. Non-economic damages do not have a specific dollar value.
Punitive damages
Sometimes punitive damages are awarded. These damages are reserved for cases where the negligence of the other party is determined to be extremely high or reckless. Punitive damages are meant to punish the negligent party and deter others from acting that way in the future.
However, the award of punitive damages is rare. You should have someone thoroughly review the circumstances of your case. This can help you learn what types of damages you can expect to recover and how you can prove your numbers.
Timeline of damages
Damages in a wrongful death care are generally calculated from the time of injury until the time of death. Sometimes there is a significant lapse of time between the injury and death.
Your loved one may initially need emergency room treatment, followed by time in the hospital, surgeries or other medical treatment before ultimately succumbing to their injuries. You must prove each loss during this time if you hope to receive full compensation.