When someone dies, their survivors may face financial and emotional turmoil. When the death results from a person’s or business’s culpable act, the deceased person’s estate and survivors may seek compensation through a wrongful death claim. The compensation can cover many economic and non-economic losses.

What Is a Wrongful Death Claim?

The deceased’s personal representative brings a wrongful death claim. This person acts on behalf of the estate and the deceased’s survivors, including any living spouse, children, and parents.

The wrongful death case asserts that someone else caused the death through their negligent or wrongful conduct. Thus, medical malpractice that leads to death becomes a wrongful death case.

Damages Recoverable in Wrongful Death Claims

Wrongful death damages recoverable from the at-fault party depend on the survivor’s relationship to the deceased. All survivors can recover their economic losses, including:

  • Future loss of support based on the deceased’s earning capacity
  • Future loss of services, such as childcare or home maintenance
  • Medical and funeral expenses paid by the survivor

The surviving spouse can also seek compensation for the following non-economic losses:

  • Companionship
  • Protection
  • Mental pain and suffering

Adult children (if there is no surviving spouse) and minor children can seek compensation for the following losses:

  • Parental companionship
  • Instruction
  • Guidance
  • Mental pain and suffering

Parents of a minor child can pursue compensation for mental pain and suffering. Parents of adult children may also seek this compensation if the deceased had no surviving spouse or children.

Factors That Affect the Wrongful Death Compensation

When calculating a survivor’s economic losses, the court must consider the following factors:

  • The relationship to the deceased victim
  • The portion of the victim’s earnings that would have been distributed to them
  • The replacement value of the victim’s services
  • The survivor’s life expectancy
  • The deceased’s life expectancy, including their age and health

For example, an adult child of the deceased victim may be economically independent and therefore lose only the increased value of their inheritance. Conversely, a special needs adult child might be fully dependent on the deceased and can thus expect more from the deceased’s future earning potential.

Losses by the Estate and the Family

The estate metaphorically steps into the deceased person’s shoes and recovers any economic losses incurred by the deceased and paid by the estate.

For example, the estate might recover the anticipated increase in value of the person’s net worth from income not spent on supporting family members. It might also seek reimbursement for medical and funeral expenses charged to the deceased and paid by the estate. Compensation paid to the estate gets distributed with the rest of the estate.

The survivors, by contrast, receive compensation for the share of the deceased’s earnings that would have gone to their support. They also have claims for non-economic losses, such as grief. Compensation to individual survivors goes directly to them instead of being lumped in with the rest of the estate.

The Impact of Comparative Fault on Damages in Florida

Florida uses comparative fault. This means the court must analyze whether the deceased was partially at fault for their fatal injuries. The court then assigns a percentage of the fault to the victim.

If the deceased person was blameless, they receive 0% of the fault, and the estate can recover 100% of its losses. However, if they were partially at fault, their compensation is reduced in proportion to their share of the blame. Thus, the estate can recover only 70% of its losses if the deceased person was 30% at fault.

Each survivor also goes through the comparative fault analysis. If the survivor contributed to the deceased’s death, their share might be diminished. However, other survivors who were blameless can recover their full losses.

How Legal Representation Can Help in a Wrongful Death Claim

An at-fault party and its insurer often have a lot at stake when fighting a wrongful death claim. As a result, these parties will assert every defense possible to prevent the survivors and the estate from recovering compensation. A wrongful death claim lawyer can help you challenge these defenses.

Moreover, every survivor is entitled to receive full compensation for their losses. A lawyer assembles the evidence and legal arguments to fully value the claim and maximize the damages recovered.

FAQ

Who Is the Estate’s Personal Representative?

The personal representative is usually the estate’s executor. However, a person can also petition the probate court to be appointed the personal representative for a wrongful death claim. Once the probate court appoints someone, they can work with a wrongful death claims attorney to file a lawsuit.

Can the Estate Recover Compensation for the Deceased’s Pain and Suffering?

Under Florida law, the deceased’s personal injury case “abates.” This abatement occurs even if the person survives before eventually dying. Thus, the person’s claim for expenses, lost income, and pain and suffering dies with them. The estate can sue for some of these losses, but not for pain and suffering.

What Kinds of Cases Can Become a Wrongful Death Claim?

A wrongful death claim can be asserted against any party that would have been liable to the deceased person had the death not occurred. This claim can arise from negligence, strict liability, or intentional acts, like homicide. For example, a fatal drunk driving crash may support a wrongful death case.

Contact Ratzan Weissman & Boldt to Discuss Your Wrongful Death Claim

The loss of a loved one can cause emotional and financial hardships. If your spouse, child, or parent died because of someone else’s actions, you may have a wrongful death claim. Contact us to discuss your case and how we can help you fight for the compensation you deserve.