Seeking Justice For The Injured

Attorneys Axel Dumas and Jonathan Sanclemente photo

What damages are available in a wrongful death lawsuit?

On Behalf of | Dec 2, 2022 | Wrongful Death |

It’s always horrible when a loved one passes away, but it’s even worse when there’s a situation of wrongful death. It can leave the person’s family members at a complete loss. In Florida, the decedent’s personal representative can file a wrongful death lawsuit on the family’s behalf. Certain damages can be recovered if the case is successful.

Losses suffered by the decedent

In some cases, the victim might be left alive and suffering for a period of time before they ultimately pass away. For example, a person hit by a car might be in critical condition and need extensive surgery for their injuries but end up dying sometime later. The wrongful death damages could include medical expenses, lost wages, ongoing medical treatment, pain and suffering, and mental anguish.

Economic losses suffered by the family

Economic losses are those that carry an actual monetary figure. In wrongful death cases, the victim’s surviving family members often suffer financially if they depended on the victim for such support. The person’s spouse and children might have been on their health insurance plan and relied on them for everyday support. In a wrongful death claim, the family could recover those financial damages for the support they would have continued receiving had the victim survived.

Non-economic losses suffered by the family

Not all damages in a wrongful death case have a price tag. Non-economic damages are those that the family suffers that cannot be measured. These losses include pain and suffering, emotional distress, loss of consortium, loss of companionship, guidance, support and protection. Surviving spouses and children of wrongful death victims often experience significant emotional trauma and might go on to develop mental health conditions like anxiety and depression. In a successful claim, they could recover compensation for such damages.

Sometimes, punitive damages are awarded as well to punish the at-fault party for egregious behavior or conduct.