The unexpected death of a loved one is one of life’s most devastating experiences. When that loss is caused by someone else’s negligence or wrongdoing, the grief is compounded by feelings of injustice. Florida law allows surviving family members to pursue a wrongful death claim, not only to hold negligent parties accountable but also to recover financial compensation that can help secure the family’s future.
At Moore Payne Law, Attorneys Geoff Moore and Spencer Payne are committed to guiding families through this difficult process with compassion and determination. One of the most important aspects of a wrongful death lawsuit is understanding what damages are available and how they are calculated.
1. Understanding Wrongful Death Damages
In legal terms, “damages” are the monetary compensation awarded to survivors to make up for their losses. In wrongful death cases, damages are intended to address both tangible financial harm and the profound emotional toll of losing a loved one.
There are two main types:
- Economic damages, which cover measurable financial losses.
- Non-economic damages, which compensate for intangible losses like grief and companionship.
In some cases, punitive damages may also be awarded to punish egregious misconduct.
2. Economic Damages
Economic damages are designed to restore financial stability to the surviving family. These damages are often supported by documentation, financial records, and expert testimony.
Lost Wages and Future Earnings
When the deceased was a provider, their lost income can have devastating effects on dependents. Survivors may recover not only wages lost up to the time of death but also future earnings the deceased would reasonably have contributed over their lifetime.
Medical Expenses
If the victim received medical care prior to their passing, those costs are recoverable. This may include hospital bills, emergency treatment, medications, and ongoing care provided between the time of injury and death.
Funeral and Burial Costs
Funeral and burial expenses are significant and often unexpected. Florida law allows families to recover reasonable costs associated with these services.
Loss of Benefits and Services
Survivors may also be entitled to compensation for the value of lost benefits such as health insurance, retirement contributions, or pensions. Additionally, services like childcare, housekeeping, or home maintenance that the deceased provided can also be considered.
3. Non-Economic Damages
While economic damages address financial concerns, non-economic damages recognize the deep emotional and relational losses suffered by the family. These damages are harder to quantify, but they are just as important.
Pain and Suffering of Survivors
The grief, anguish, and emotional trauma survivors experience after a wrongful death are compensable. This acknowledges the human cost of negligence beyond financial impact.
Loss of Companionship and Consortium
For spouses, this covers the loss of marital relationship, affection, comfort, and intimacy. It ensures that the emotional void left by a partner’s death is legally recognized.
Loss of Parental Guidance
Children may be compensated for the loss of nurture, moral support, and guidance they would have received from a parent. This type of damage ensures that the irreplaceable role of a parent is valued.
Emotional Impact on Parents
When the victim is a minor child, parents may recover damages for the profound grief and suffering caused by the loss of their child’s companionship and love.
4. Punitive Damages (in Rare Cases)
Punitive damages are not designed to compensate survivors but to punish particularly reckless or intentional misconduct. They are rare but may apply in cases involving gross negligence, such as drunk driving or egregious medical malpractice. Their purpose is to deter similar future conduct.
5. Who Can Recover Damages in Florida
Florida’s Wrongful Death Act outlines who has the right to seek damages. Typically, claims are filed by the personal representative of the deceased’s estate on behalf of survivors. Eligible beneficiaries may include:
- The surviving spouse
- Children (minor and sometimes adult, depending on circumstances)
- Parents, particularly in cases involving a deceased minor
- Other dependents in certain cases
Each group of survivors may be entitled to different categories of damages. For example, a spouse may recover for loss of companionship, while children may recover for lost parental guidance.
6. Challenges in Calculating Damages
Determining damages is often one of the most contested aspects of a wrongful death claim.
- Economic damages require careful financial calculations, often with the help of economists to project lost future income.
- Non-economic damages are subjective and can vary depending on the judge, jury, and specific case facts.
- Insurance companies frequently attempt to minimize payouts, disputing the value of both economic and emotional losses.
Because of these challenges, working with an experienced legal team is essential.
7. How Moore Payne Law Helps Families
At Moore Payne Law, Attorneys Geoff Moore and Spencer Payne understand that no amount of compensation can truly replace a loved one. However, they are committed to ensuring families receive the full measure of justice available under the law.
Their approach includes:
- Gathering critical evidence, from medical records to employment documents.
- Working with financial and medical experts to calculate accurate damages.
- Providing compassionate, personalized guidance through every stage of the case.
- Negotiating aggressively with insurance companies and taking cases to trial when necessary.
By shouldering the legal burden, Moore Payne Law allows families to focus on healing while still fighting for justice.
Conclusion
Losing a loved one to negligence is both emotionally devastating and financially overwhelming. Wrongful death damages exist to ease that burden by providing compensation for both economic and non-economic losses. From lost wages and medical bills to grief and loss of companionship, these damages ensure that families are not left without recourse.
If you have lost a loved one due to negligence, the attorneys at Moore Payne Law are here to help. With dedication, compassion, and trial-ready advocacy, they fight to protect families’ rights and secure the compensation they deserve.
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