What types of damages are allowed in wrongful death claims?

If a loved one dies in an accident due to someone else’s negligence, then Florida law provides for certain types of wrongful death damages that certain family members of the deceased are to be compensated for the loss of economic support, emotional support, pain and suffering, medical bills, and funeral expenses. Children with deceased parents can also recover for loss of parental companionship, instruction, guidance, and mental pain and suffering.

Survivors who are allowed to recover these damages are the spouse, children and/or parents. Further, if the deceased was dependent either wholly or partially on a blood relative for support or services then that blood relative can recover damages. The law also allows adoptive brothers or sisters to recover wrongful death damages.

In order to maximize the damage award in wrongful death cases, it is necessary to determine the life expectancy of the deceased as well as the life expectancy of the survivor. The reason for this is that the future relationship between the family members would only exist during the time when both the deceased and survivor were alive at the same time.

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