After losing a loved one, it is natural to wonder what the average wrongful death settlement in Florida is. However, this number does not exist. Everyone’s wrongful death settlement is completely unique. A wrongful death lawyer can determine how much you should ask for based on:
- The details of your loved one’s passing
- Your financial and emotional losses
- The availability of evidence
- Your relationship with the deceased
Did Your Loved One Receive a Florida Settlement?
You could file a wrongful death lawsuit whether your loved one died instantly or survived for days, weeks, or even months after the accident. When they passed away—and what fatal injuries they suffered—could determine how much compensation you now qualify for.
Consider the following:
- If your loved one survived long enough to receive medical treatment but not to file their own lawsuit, you could include their medical bills in your own legal action.
- If your loved one started but did not complete a personal injury action, you can complete the action on their behalf as a wrongful death case and recover compensation for both their financial losses and yours.
- If your loved one passed away instantly, you can sue for their losses and your own, including their pain and suffering and your loss of companionship.
A wrongful death attorney can determine what you are entitled to receive.
To consult with an experienced wrongful death lawyer today, call 855-780-9986
What Damages Are Recoverable in a Wrongful Death Case?
Wrongful death settlements are paid out based on how much the fatal accident has cost you. Your structured settlement or lump-sum payment could include reimbursement for these compensatory damages:
- Funeral expenses: In addition to funeral expenses, you recover compensation for burial expenses and any other bills associated with laying your loved one to rest.
- Loss of the deceased’s income: This is very important if you were financially dependent on your loved one.
- Loss of companionship: More important than their monetary contributions, your loved one was an irreplaceable source of affection, advice, comfort, and guidance to the entire family. You could include loss of consortium and other damages in your wrongful death action.
- Other non-economic damages: You could recoup damages for pain and suffering, mental anguish, and loss of parental guidance.
- Punitive damages. In some cases of egregious wrongdoing, courts award punitive damages to punish the negligent party for their actions.
In addition to these damages, you could ask for any losses your loved one never received compensation for via a personal injury action. This is just one reason why there is no average wrongful death settlement in Florida: every wrongful death affects its victim differently. You could benefit from consulting our law firm and learning more about your compensable losses.
How Can You Prove Your Wrongful Death Claim?
Florida Statutes § 95.11 states that a wrongful death action is only legally valid if filed within two years. In other words, you have a limited amount of time to hire a wrongful death law firm and have it investigate and file your case. The investigation alone can take a while, but it is a vital step. Without sufficient evidence, the liable party’s insurance company will not agree to pay what you deserve.
You Need Evidence to Have a Successful Case
Evidence that could help establish your wrongful death claim includes:
- The death certificate: This document establishes your loved one’s date and cause of death.
- Medical records: Medical records show that your loved one required care at the time of the accident, and that their diagnosed injuries match the cause of death listed on the death certificate.
- Accident reports: If your loved one passed away due to a traffic accident, there is likely a police report detailing what happened and who was involved.
- Expert testimony: Your attorney can hire accident reconstruction specialists and other experts to confirm your loved one’s cause of death and the impact their accident had on the entire family.
- Witness testimony: If anyone, whether a relative or a stranger, saw the fatal accident, your wrongful death lawyer can interview them. Multiple perspectives can help strengthen your lawsuit.
The more evidence you can find to prove that the liable party is responsible for your loved one’s passing, the easier it may be to collect the damages you need.
Who Can Recover a Wrongful Death Lawsuit Settlement?
As Florida Statutes § 768.21 explains, you could potentially recover financial compensation from a wrongful death suit if you were the deceased’s spouse, child, or parent. However, when and how much you can collect may vary depending on your relationship with the accident victim.
Who benefits from wrongful death settlements can be a complex, emotionally fraught question. An attorney can explain how state law works and what you are entitled to receive based on those laws.
Submit a Consultation Request form today
What If You Cannot Get a Wrongful Death Settlement?
Many, but not all, wrongful death claims end in a pretrial settlement. Yet, if your case does end up going to trial, you could benefit from already having a wrongful death attorney on your side. They know exactly how to prepare your case for trial and how to present that case in a convincing way in the courtroom.
As with wrongful death settlements, there is no “average” jury award that you can expect to receive. Instead, you can work with your lawyer to accurately evaluate your own wrongful death damages and fight for a fair recovery.
Start Your Wrongful Death Case Today
Instead of worrying about what is the average wrongful death settlement in Florida, let Bogin, Munns & Munns can guide you through this difficult time. Contact our legal team to get a free case review today and find out what we can do for you. We operate on a contingency-fee basis, so you never pay a dime upfront to secure our legal services.