Damages Recoverable After a Fatal Accident in Florida

A wrongful death lawsuit allows a family to hold a wrongdoer financially accountable for causing a loved ones death. Florida wrongful death lawsuits are controlled by The Florida Wrongful Death Act. Under the Florida statute, when a person dies as a result of someone else's negligence, the pain and suffering of the person involved in the fatal accident is not recoverable. Instead, the Wrongful Death Statute creates a claim on behalf of the Estate of the person that died and the person's survivors. The damages recoverable are described in Section 768.21 Florida Statutes.
The Estate of the person that died is entitled to damages for the economic losses of the Estate. Those losses include funeral expenses, medical bills caused by the death, and the amount of net income the decedent would have saved over his or her lifetime.

Certain survivors of the person involved in the fatal accident are also entitled to damages. For example, a surviving spouse may recover for loss of the decedent's companionship and protection and for mental pain and suffering. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. If the decedent was an adult without children or a spouse, then each parent of the adult child may recover for mental pain and suffering. If the decedent was a minor that was not married, the parents also may recover for mental pain and suffering.

Not all of the above damages are available in every case. Therefore, a Florida wrongful death lawyer will interview the family and friends of the person that died. The attorney will then compare the information obtained from the interviews with the damages allowed under the wrongful death statute to determine what damages are recoverable in a particular case.