To determine wrongful death damages, the court takes into account a number of factors, including the life expectancy of the deceased and his or her survivors, their relationship to the deceased, the financial contribution to the family the deceased would have provided had he or she lived, and the mental and emotional pain created by the deceased’s death.
Additionally, funeral and medical expenses can also be recovered in a wrongful death lawsuit.
It’s also possible for the court to determine that punitive damages are appropriate. This typically occurs when there is evidence the defendant’s actions were intentional, reckless, or grossly negligent. Punitive damages are intended to punish the responsible party and discourage others from acting in the same way.
But in many cases, losing a loved one means also losing the financial support that person provided.
Whether your spouse was the main breadwinner or took over household duties such as childcare, they were an essential piece of the well-oiled machine that made your living situation work. You may be without a source of income, saddled with debt from funeral or medical expenses, and no way to dig yourself out of that hole.
The compensation available from a wrongful death lawsuit can ease this financial burden, allowing you time to grieve without having to worry about important practical issues like housing, insurance, and other expenses.
Time is limited after a loved one dies to submit a wrongful death claim. If the statute of limitations expires before you file a legal claim, you can lose out on money to which you are legally entitled.
In Florida, the statute of limitations for a wrongful death claim is only two years. This means you have just two years from the date of the death of your loved one to take legal action.
Deciding whether or not it would be appropriate to contact a wrongful death attorney can be a difficult decision.
At Sunshine State Law, we understand it’s a sensitive decision and we want to ensure you that we’ll do whatever we can to put you at ease and help you through this difficult experience.
We’ve worked with family members throughout Florida who are struggling with the loss of a loved one and who have questions about whether or not someone is responsible for their loved one’s death. We provide services in both English and Spanish, and we’ll do everything we can to help you feel comfortable and confident working with us.
While no amount of money can ever replace your loved one, working with a wrongful death attorney can help manage the practical aspect of supporting your family day-to-day.
For more information or to schedule a consultation, contact Sunshine State Law Firm at 407.627.1414 or by email at Simon@SunshineFirm.com.