Losing someone you love is one of the hardest things anyone can go through, especially when their death could have been prevented. If this has happened to your family, you may be able to seek wrongful death damages. But what does that mean, and how are these damages calculated? In this blog, we’ll break it down so you can better understand what’s involved and how compensation might help ease some of the financial and emotional burdens you’re facing.
What Are Wrongful Death Damages?
Wrongful death damages are payments meant to help the family members of someone who died because of someone else’s mistake, negligence, or wrongful actions. These damages are meant to cover the losses caused by the death and to provide financial support to the surviving family.
In Florida, wrongful death cases are guided by specific laws, like the Florida Wrongful Death Act, which explains what types of damages you can seek and who is allowed to file a claim. Working with an experienced legal team, like William W. Price P.A., can make navigating these laws much easier.
Types of Wrongful Death Damages
When a loved one passes away due to someone else’s negligence or misconduct, the emotional and financial impact on the family can be overwhelming. Pursuing a wrongful death case allows you to seek compensation, referred to as damages, to help ease some of that burden. These damages generally fall into two categories: economic damages and non-economic damages. Let’s dive into each type and explain what they include.
Economic Damages
Economic damages are the financial losses that occur as a direct result of the wrongful death. These damages are more straightforward to calculate because they are based on actual expenses and measurable financial losses. Here are the most common types of economic damages:
- Lost income and financial support
This includes the money your loved one would have earned to support their family. It’s not just about their current salary; it also accounts for potential future earnings. For example:- What they would have earned over the course of their career.
- Any promotions or raises they were likely to receive.
- Contributions to savings, retirement accounts, or investments.
- Medical expenses
If your loved one received medical care before their passing, the costs of treatments, hospital stays, surgeries, or medications can be recovered. These bills can add up quickly, especially in cases involving extensive care. - Funeral and burial costs
Saying goodbye to a loved one shouldn’t leave families in financial distress. You can seek reimbursement for funeral services, burial plots, cremation costs, and other related expenses. - Lost benefits
This includes things like:- Retirement or pension funds the deceased would have contributed to.
- Health insurance benefits provided through their job.
- Other workplace perks or bonuses they would have earned.
Non-Economic Damages
Non-economic damages address the emotional and intangible losses families experience after losing a loved one. While these damages are harder to calculate, they are just as important because they reflect the deep emotional impact of the loss. Here are the key types of non-economic damages:
- Loss of companionship and love
Losing someone you care about means losing the emotional bond and presence they brought to your life. For a spouse, this can mean the absence of love, comfort, and partnership that was a part of daily life. - Loss of guidance and care
For children, the loss of a parent is not just emotional—it can also mean missing out on valuable life guidance and support. A parent’s role in shaping their child’s future is irreplaceable, and damages can reflect this loss. - Pain and suffering
This includes the emotional pain, mental anguish, and distress caused by the sudden and preventable loss of a loved one. Courts often consider the survivor’s relationship with the deceased to determine the level of compensation for this type of damage.
Questions You May Have About Wrongful Death Damages
1. How are economic and non-economic damages different?
- Economic damages focus on financial losses and expenses that can be easily calculated with receipts, bills, or records.
- Non-economic damages, on the other hand, are about the emotional impact and are more subjective. They aim to address the grief, pain, and emotional suffering that come with losing a loved one.
2. Are there limits to non-economic damages?
Some states place caps on non-economic damages, but Florida generally does not cap damages in wrongful death cases, except in cases against government entities. This means there is no maximum amount for compensation tied to emotional suffering or loss of companionship.
3. Who decides the amount of non-economic damages?
The court considers factors like the survivor’s relationship to the deceased, the nature of the loss, and the overall impact on the family to determine a fair amount.
4. Can punitive damages be included?
In some cases, yes. Punitive damages are meant to punish the wrongdoer for especially reckless or intentional actions. However, these are separate from economic and non-economic damages and are awarded less frequently.
Examples of Economic and Non-Economic Damages in Action
Imagine a family loses a loved one who was the primary breadwinner. The economic damages they might claim include:
- The deceased’s annual salary multiplied by the number of years they were expected to work.
- Medical bills from their hospital stay.
- Funeral costs, such as the burial plot and service fees.
For non-economic damages, the family may claim:
- The emotional loss of a spouse who provided love and partnership.
- A child missing out on a parent’s advice and support through important life stages.
- The overall grief and trauma caused by the sudden loss.
Why It’s Important to Pursue All Eligible Damages
Understanding the types of damages available ensures that families can seek full compensation for their losses. While economic damages can ease financial stress, non-economic damages recognize the emotional impact that’s just as significant.
At William W. Price P.A., we’re here to help you through every step of the process. Our team understands how overwhelming this time can be, and we’re dedicated to making sure you get the justice and support you deserve.
If you have more questions or need help with a wrongful death case, contact us today for a consultation. We’re here to guide you and your family through this difficult time.
How Are Damages for Wrongful Death Calculated?
When it comes to calculating damages for wrongful death, there isn’t a one-size-fits-all formula. Every case is unique, and the amount of compensation awarded depends on a variety of factors. Courts aim to determine a fair settlement based on the specific circumstances of the case, which often involves both financial and emotional considerations. Here’s a closer look at what goes into calculating wrongful death damages, along with answers to common questions about the process.
Key Factors Courts Consider When Calculating Wrongful Death Damages
Courts look at several key factors when determining how much compensation a family should receive in a wrongful death case. These factors help the award be fair and reflective of the losses experienced by the surviving family members. Let’s break them down:
1. The Deceased’s Earnings and Future Income
A significant part of wrongful death damages comes from economic losses, particularly the income the deceased would have earned if they had lived. To calculate this, courts consider:
- Current income: What the deceased was earning at the time of their death.
- Potential future earnings: How much they could have earned over their lifetime, factoring in raises, promotions, and career growth.
- Benefits: Loss of pensions, health insurance, or retirement contributions that the deceased would have provided.
How is this calculated?
Courts often bring in financial experts to estimate future earnings. They consider things like the deceased’s age, education, occupation, and career trajectory. For example, if the deceased was a young professional with a promising career, the calculated damages might be higher than for someone nearing retirement.
2. The Family’s Relationship With the Deceased
The impact of a wrongful death varies depending on the relationship between the deceased and their family. Courts recognize the unique emotional and financial roles people play in their families, and damages reflect that.
- Spouse: Can claim loss of emotional support, companionship, and financial contributions.
- Children: May claim damages for losing a parent’s guidance, care, and love.
- Parents: Can seek compensation for the emotional pain and suffering caused by losing a child.
Why does this matter?
The closer the relationship, the greater the potential for significant damages. For example, a spouse losing a partner who provided both emotional and financial stability will likely receive higher compensation than a distant relative.
3. Age and Health of the Deceased
The age and health of the deceased are critical in determining compensation. Here’s how:
- Younger individuals typically result in higher compensation since they had more working years ahead of them to earn income and support their family.
- Health conditions: If the deceased had pre-existing health issues that might have shortened their lifespan, courts may factor this into the calculation.
Example:
A healthy 30-year-old parent with a stable career might result in higher damages than a 75-year-old retired individual.
4. Emotional Pain and Suffering
This part of the damage is often the most subjective. It focuses on the non-economic losses that come with losing a loved one, such as:
- The emotional distress and grief experienced by surviving family members.
- The loss of companionship and love.
- The absence of parental guidance for children.
How is this determined?
Since emotional suffering doesn’t come with receipts or concrete numbers, courts rely on testimonies, psychological evaluations, and expert opinions to assess the severity of the impact.
5. Shared Fault (Comparative Negligence)
In Florida, the concept of comparative negligence can affect how much a family receives in damages. If the deceased is found to be partially responsible for the accident, the damages awarded are reduced by the percentage of their fault.
Example:
If a court finds that the deceased was 20% at fault for the accident, the total damages awarded will be reduced by 20%. For instance, if the total damages amount to $1,000,000, the family would receive $800,000.
Why is this important?
This factor helps the compensation be fair and reflects the responsibility of all parties involved.
Frequently Asked Questions About Calculating Wrongful Death Damages
1. Who determines how much compensation is awarded?
A judge or jury typically decides the amount of damages awarded in a wrongful death case. In some instances, settlements are negotiated outside of court.
2. Are there limits to how much we can receive?
Some states impose caps on non-economic damages, but Florida generally does not limit damages in wrongful death cases unless the claim involves medical malpractice.
3. Can punitive damages be awarded?
Yes, punitive damages may be awarded in cases involving extreme negligence or intentional misconduct. These damages are meant to punish the wrongdoer rather than compensate the family.
4. How long does the process take?
The timeline varies. Some cases settle within months, while others can take years, especially if they go to trial.
What Should You Do Next?
If you’ve lost a loved one due to someone else’s actions, you don’t have to face this difficult time alone. Calculating damages for wrongful death is complex, but an experienced attorney can help you navigate the process and help your family receive fair compensation.
At William W. Price P.A., we understand the emotional and financial toll that a wrongful death can have on your family. Our compassionate and experienced legal team is here to guide you every step of the way.
- Contact us today for a free consultation.
- Learn how we can help you seek the justice and compensation your family deserves.
Let us handle the legal process so you can focus on healing and honoring your loved one’s memory.
Why Hiring the Right Lawyer Matters
Wrongful death cases can be complicated, and having an experienced lawyer on your side can make all the difference. A skilled attorney can:
- Gather important evidence like medical records and witness statements.
- Work with experts to calculate damages accurately.
- Handle negotiations with insurance companies to help you get fair compensation.
At William W. Price P.A., we understand how difficult this time is, and we’re here to provide the guidance and support you need.
Common Questions About Wrongful Death Damages
Who can file a wrongful death claim in Florida?
In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim. However, they do so on behalf of the family members who are eligible to receive damages, like spouses, children, and parents.
How long do I have to file a claim?
Florida law gives you two years from the date of the death to file a wrongful death claim. If you miss this deadline, you might not be able to pursue compensation.
Can you get punitive damages?
In some cases, you might be able to get punitive damages. These are meant to punish the person or company responsible for the death if their actions were especially harmful or reckless.
Find Support When You Need It Most
No amount of money can replace the loss of a loved one, but seeking wrongful death damages can help ease financial stress and hold the responsible party accountable. It’s important to understand how these damages are calculated so you can make informed decisions about your case.
If you’re ready to take the first step, reach out to William W. Price P.A. Our experienced attorneys are here to answer your questions, guide you through the process, and fight for the justice your family deserves.
Contact us today to schedule a consultation and let us help you move forward.
