Florida law determines who gets the money in a wrongful death lawsuit—generally, it is one or more surviving family members. Recipients may include:
- A spouse
- Other family members
The issue of a family member’s eligibility is not always straightforward. A lawyer can determine if you should receive compensation.
What Is the Legal Standard for Receiving Wrongful Death Compensation ?
Per Florida § 768.21, surviving family members may recover compensation for “lost support and services” after a wrongful death. Anyone who relied on the deceased may deserve financial coverage.
The nature of lost support can be:
- Or another form of support
In some cases, a non-traditional family member may receive wrongful death benefits. Estranged children or non-related legal dependents may receive compensation, for instance. However, these parties may be low in the beneficiary priority order.
Is There a Priority Order for Wrongful Death Benefits?
A spouse and children may take first priority when a loved one dies. Wrongful death cases are not always this simple, though. A lawyer from our team can determine:
- Who are the primary beneficiaries in your wrongful death case
- Whether you personally deserve compensation
- How much compensation each party could seek
These are important considerations in any wrongful death case. They may determine who gets the money in your wrongful death lawsuit.
What Standard Requires Someone to Pay for a Wrongful Death?
Per Florida § 768.19, you may seek awards for the death of a loved one caused by someone else’s wrongful act or negligence.
When making your case for compensation, we will work to prove negligence caused your loved one’s death by:
- Establishing that the defendant owed your loved one a duty of care
- Proving that the defendant breached their duty of care
- Showing that the breach of duty of care caused your loved one’s death
- Explaining the damages caused by your loved one’s passing
Standards for proving liability may vary between cases.
To consult with an experienced wrongful death lawyer today, call 855-686-6752
What Benefits May You Receive for Your Loved One’s Death?
The benefits you may receive depend on several factors, including your relationship to the deceased. Other determining factors may include:
- How much financial support you received from the deceased
- Whether you have children with the deceased
- Whether other surviving loved ones take priority over you
- The total cost of your loved one’s passing
Spouses and children may generally be primary beneficiaries of a wrongful death lawsuit. Recoverable damages for these parties may include:
- Lost spousal companionship
- Lost parental guidance and instruction
- Lost financial protection
- Pain and suffering
Medical expenses, funeral expenses, and other expenses may also be recoverable. Details of the beneficiary’s life before their passing may determine the scope of recoverable damages, such as their former working status.
Pain and suffering is a significant loss in wrongful death cases. It is also a difficult damage to calculate, as it is non-economic in nature. Our team can calculate this loss category for you.
How Much will You Receive for a Wrongful Death?
Every wrongful death case has a unique valuation. The Florida Bar explains how a lawyer may calculate economic damages in a wrongful death case. To determine the value of your case, a lawyer from our team may:
- Identify the value of future income that the deceased lost when they passed away
- Determine the value of employment-related benefits, such as bonuses and retirement contributions
- Value the deceased’s “services,” such as contributions to household chores and repairs
- Make any necessary adjustments to these figures
We will also calculate the value of your loved one’s non-economic losses. This process may require thorough investigation and complex calculations. Any errors can negatively affect your case. Trying to calculate losses on your own can be perilous, especially if you have no prior experience.
Should You Hire Our Firm for Your Wrongful Death Case?
You may want to hire a lawyer for your wrongful death case. Losing a loved one is emotionally and psychologically taxing. You may need as much time as possible to cope, and leading a wrongful death case requires both time and focus.
Other reasons to hire our firm for your case include:
- Our knowledge of wrongful death case law
- Our experience recovering awards for our clients
- Our knowledge of Florida-specific statutes
- Our in-house resources
- Our ability to hire third-party resources for your case
We only receive a fee from you if we win your case. There is no financial downside in hiring us for your case—however, the potential benefits are many.
Call Bogin, Munns & Munns About Your Wrongful Death Case
Florida Statutes § 95.11(4)(d) generally provides you a two-year window for filing a wrongful death lawsuit. Though there are exceptions to this statute, do not wait to call our firm. A deadline could be close to expiring, and we will file your case as soon as we can.