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Losing a loved one is an immeasurable tragedy that leaves a void in the survivors that can truly never be filled. This devastating event can have profound emotional and financial consequences. When the death results from someone else’s negligence, the pain can feel even more overwhelming. During this time, survivors are often left grappling with emotional trauma, financial uncertainty, and unanswered legal questions. God forbid, if you’ve lost a loved one in Florida due to wrongful death, you may be entitled to survivor benefits and compensation. But what does that really mean? In this blog, we will learn about the survivor benefits and compensation in wrongful death lawsuits, with a focus on Florida law. 

What is a Wrongful Death Claim?

A wrongful death claim is a legal action brought by the surviving family members of an individual who died due to another party’s negligent, reckless, or intentional actions. These claims seek compensation for the damages suffered by the survivors as a result of their loved one’s untimely death.

In Florida, wrongful death claims are governed by the Florida Wrongful Death Act. Under this law, certain family members, such as the deceased's spouse, children, parents, or dependents, are entitled to pursue legal action for compensation. These claims can be complex, which is why every family undergoing this seek the help of the best wrongful death attorney to guide them through the process.

What are Survivor Benefits?

Survivor benefits are financial compensations awarded to the family members of an individual who has died due to another party's negligence or wrongdoing. These benefits help cover economic losses such as lost income, medical bills, and funeral expenses, as well as non-economic damages like emotional suffering, loss of companionship, and guidance.

Survivor Benefits in a Wrongful Death Lawsuit

Survivor benefits are designed to compensate the deceased’s family for the financial and emotional losses they endure. In Florida, the following parties are eligible for survivor benefits:

• Spouse: The surviving spouse can recover compensation for the loss of companionship, protection, and mental pain and suffering. The spouse may also receive compensation for medical and funeral expenses incurred due to the wrongful death.

• Children: Minor children (those under 18 years old) may recover from the loss of parental companionship, instruction, and guidance, as well as mental pain and suffering. If there is no surviving spouse, adult children can also seek compensation for these losses. 

• Parents: If the deceased had no surviving spouse or children, parents of the deceased may be eligible to claim for mental pain and suffering. Additionally, parents of a deceased minor child can recover compensation for emotional damages.

• Other dependents: Any other blood relatives or adopted siblings who were dependent on the deceased for financial support may also be eligible to recover damages for the loss of that support.

• Personal Representative: If the deceased had a will, the personal representative must be appointed in the will; otherwise, a court-appointed administrator will be provided.

Types of Compensation in a Wrongful Death Lawsuit

Compensation in a wrongful death lawsuit typically falls into two categories: economic damages and non-economic damages. Let us explore these in more detail.

Economic Damages

Economic damages are meant to compensate for the financial losses resulting from the wrongful death. These include:

• Lost Income: If the deceased was the primary wage earner, the surviving family can claim the income they would have earned had they lived. This includes the potential earnings the deceased would have accumulated in the future.

• Medical Bills: If the deceased incurred medical expenses due to the incident that led to their death, such as hospital stays, surgeries, or treatments, those bills can be covered.

• Funeral and Burial Expenses: Funeral and burial costs can add financial stress on top of an already tragic situation. These expenses can be recovered in a wrongful death lawsuit.

• Loss of Support and Services: This refers to the value of the services the deceased provided to the family, such as child care, household chores, and other contributions.

Non-Economic Damages

Non-economic damages cover the more subjective, intangible losses that families suffer due to their loved one’s death. These include:

• Pain and Suffering: Family members can seek compensation for the emotional distress, grief, and trauma they experience as a result of the wrongful death.

• Loss of Companionship and Protection: Spouses and children can be compensated for the loss of the emotional bond and protection that the deceased provided. For children, this also includes the loss of parental guidance.

• Loss of Consortium: This compensation applies to the surviving spouse and refers to the loss of marital companionship and intimacy that results from the wrongful death.

How Does Florida’s Wrongful Death Law Impact Compensation?

Florida has specific laws governing how wrongful death claims are handled, and these laws directly affect the type of compensation survivors can recover. Here are a few important points to be aware of:

• Statute of Limitations: In Florida, you have 2 years from the date of your loved one’s death to file a wrongful death claim. Missing this deadline can prevent you from recovering compensation, so it is essential to act promptly. 

• Comparative Negligence: Florida follows a comparative negligence rule, meaning that if the deceased is found to have been partially at fault for the accident, the compensation may be reduced by the percentage of their fault. For example, if the deceased is found to be 20% responsible for the accident, the compensation awarded to the family may be reduced by 20%.

• Cap on Non-Economic Damages: While Florida law generally does not impose a cap on economic damages, non-economic damages, such as pain and suffering, can sometimes be limited in certain types of cases, such as medical malpractice and wrongful death claims.

Final Thoughts

Losing a loved one due to someone else’s negligence is heart-wrenching, but survivors don’t have to face the legal and financial challenges alone. Wrongful death claims offer a pathway for families to seek justice and obtain compensation to cover their losses.

If you’re considering filing a wrongful death lawsuit in Florida, it’s crucial to consult with a wrongful death claims lawyer to ensure your rights are protected. The best wrongful death attorney will guide you through the process, from filing the claim to negotiating a fair settlement or pursuing litigation if necessary. By taking legal action, you not only honor your loved one’s memory but also help to prevent similar tragedies from occurring in the future.