Losing a loved one in a wrongful death situation is devastating, and it comes with not only grief but practical financial concerns. It is only natural to wonder what the average wrongful death settlement amount might be in Florida. There is no set average for wrongful death settlements in the state.
Each case is unique, and the compensation awarded varies depending on the specific circumstances. Factors such as the cause of death, financial losses incurred by the surviving family members, and emotional distress experienced all play a role in determining the final settlement amount.
A Florida wrongful death lawyer can help you understand how much is recoverable in your claim. Let’s examine what may determine the settlement in a Florida wrongful death case.
What Damages Are Available in a Florida Wrongful Death Case
When you file a wrongful death claim against a negligent party who is responsible for the loss of a loved one, you are entitled to seek certain damages for the losses you have suffered and will incur in the future.
In a wrongful death claim, economic damages aim to compensate the surviving family members for the quantifiable financial losses they have incurred and will continue to experience due to their loved one’s untimely passing.
You may recover these damages through an insurance settlement or a personal injury lawsuit.
The average personal injury case judgment or settlement in a wrongful death claim in Florida typically takes into consideration the following damages:
Loss of Income and Benefits
- The deceased’s projected future earnings and income until retirement age
- Loss of potential inheritance, pension plans, and retirement benefits
- Value of household services the deceased provided (cleaning, childcare, etc.)
Medical and Funeral Expenses
- Final medical bills for treatment before the victim’s death
- Emergency transportation and hospitalization costs
- Funeral and burial expenses
Loss of Financial Support
- Financial support the deceased would have contributed to their family
- Cost of potentially replacing services like childcare or home maintenance
Non-Economic Damages in Wrongful Death Cases
While more challenging to quantify, non-economic damages attempt to compensate for the intangible losses and profound emotional impacts:
- Mental pain, anguish, and suffering experienced by survivors
- Loss of companionship, guidance, and protection from the deceased
- Loss of parental guidance, training, and nurturing for children
- Loss of consortium for spouses (love, affection, intimacy)
Factors Influencing Non-Economic Damage Amounts
- The closeness of the relationship with the deceased
- The surviving family member’s age and life expectancy
- The mental and physical health impacts on the survivors
How Does a Wrongful Death Lawyer Determine the Maximum Compensation a Family Can Receive?
A Florida wrongful death lawyer utilizes a comprehensive approach to determine the maximum compensation a family can receive in their case. Here are some of the key strategies they use and the factors they evaluate:
Thorough Investigation
Your wrongful death attorney conducts an exhaustive investigation into all the circumstances surrounding the fatal incident, including:
- Gathering evidence like police reports, medical records, photos/videos
- Interviewing eyewitnesses and expert witnesses
- Analyzing accident recreation data and forensics evidence
- Reviewing the defendant’s actions, potential negligence, or liability
- This builds a strong factual foundation to prove liability and damages.
Consulting With Expert Witnesses
Our wrongful death lawyers in Florida work closely with various experts, whose testimony lends credibility, including:
- Medical experts to evaluate cause of death, degree of suffering
- Economists/actuaries to calculate lost earnings/benefits
- Accident reconstructionists for product liability or car accidents
Their specialized analysis ensures no damages are overlooked.
Personalizing the Victim
To maximize non-economic damages, the lawyer compellingly demonstrates the immense intangible loss through:
- Gathering photos, and videos highlighting the victim’s personality
- Interviewing family about daily interactions and activities
- Recreating the victim’s normal routine and role in the family
- Describing how the death impacted each survivor’s life
This conveys the human tragedy beyond just economic costs.
Considering Aggravating Factors
Cases involving wanton negligence, intentional misconduct or conscious disregard for safety may qualify for punitive damages on top of compensatory awards. Lawyers evaluate:
- If the conduct was willful, malicious, or grossly negligent
- Efforts to cover or conceal dangerous actions
- Defendant’s financial condition to determine punitive judgment
- Potential for punitive award to deter similar future acts
Reviewing Settlements/Judgments
While ranges vary, lawyers analyze verdicts from similar wrongful death cases as benchmarks for potential values, considering factors like:
- Type of negligence that caused death (medical, auto, etc.)
- Ages of the deceased and their survivors
- Degree of liability and apportionment among defendants
- Settlement trends for insurance companies or businesses involved
This data guides our valuation and negotiation strategy for maximum compensation.
By taking this multi-pronged approach, our Florida wrongful death attorneys leave no stone unturned to justly value your full range of incurred damages and losses – both economic and non-economic.
Contact a Wrongful Death Law Firm in Florida Today for a Free Case Evaluation
At Winston Law, we understand the deep pain of loss in wrongful death cases. Our experienced Florida wrongful death lawyers have helped many families through their darkest times by fighting to hold negligent parties fully accountable.
While impossible to pinpoint a specific average settlement amount, we can discuss the value of your claim and potentially recoverable compensatory damages you may receive in a wrongful death case.
When an accident claims a life due to someone else’s carelessness, it is only right that the deceased’s loved ones are supported. Contact Winston Law today for a consultation. We promise compassionate guidance as you seek the answers and relief owed after the devastating loss of a family member through another’s negligent actions.
