A wrongful death can be one of the most devastating things that can happen to you and your family. On top of the loss you have suffered, you may have to deal with medical bills and funerary expenses, which put a lot of strain on your finances. To address these issues, you can file a wrongful death claim.
Wrongful death cases are similar to other personal injury claims in that they require demonstrating that negligence occurred. The only difference is that the victim is no longer able to advocate for themselves. But how is wrongful death compensation calculated, and what can you expect from the process?
Types of Compensation Available
In wrongful death cases, you can receive economic and non-economic damages. Economic damages address the financial losses you suffered because of your loved one’s death.
Your loved one may have received medical treatment leading up to their death, which means that there are bills you may have to handle. There will also be funerary expenses, which can quickly add up to a substantial amount.
Economic damages also help you recover the wages that your loved one would have earned throughout their lifetime. If they offered household services, like child care, for which you’ll need to hire someone, you can receive compensation for that, too.
Non-economic damages, on the other hand, help you recover losses that don’t have a price tag. They compensate you for the pain and suffering your loved one experienced as well as for the loss of companionship you’ve suffered.
Factors That Influence Compensation
When calculating a wrongful death settlement, there are a few factors that can make a difference. The person’s age is an important factor. The compensatory amount is likely to be higher if your loved one was young.
Their earning potential will also be considered. If they had a high-paying career, the damages you receive are typically more significant than if your loved one worked for minimum wage.
There are exceptions, however. If your loved one provided a lot of unpaid labor, like child-rearing or caring for elderly parents, this can increase the compensatory amount. Their relationship to you and the other surviving family members will also matter. The closer you were to your loved one, the higher the settlement may be.
Calculating Economic Losses
In wrongful death claims, economic losses are calculated by looking at the financial impact that the person’s passing has on their dependents. One of the first things that lawyers will look at is what your loved one would have earned in their lifetime. They will consider their career trajectory and how long they would have worked to get a fair number.
It’s also essential to consider the loss of benefits, like health insurance and pensions, along with the household services they provided. Additionally, all of the medical and funeral costs need to be included.
Valuing Non-Economic Losses
Putting a number on non-economic losses is a bit more complicated. In some instances, the multiplier method can be used. This requires multiplying the economic losses the family suffered by a number between 1.5 and 5. The multiplier would reflect the impact of the person’s death on their loved ones.
Florida’s Wrongful Death Laws
In Florida, wrongful death claims can only be filed by the representative of the deceased’s estate. Those who receive the benefits, however, are close family members or the estate.
Unlike other states, Florida generally has no caps on the compensation you can receive. The only exception would be if you’re filing a claim against a government entity. In those instances, the cap is $200,000.
Keep in mind that Florida has a strict two-year statute of limitations on wrongful death claims. There may be exceptions, but ensuring that you file on time protects your claim. If you miss the deadline, you can’t recover your losses.
Why Legal Representation Matters
Hiring an attorney for wrongful death claims is essential because of the complexities involved in filing this type of case. A lawyer will know how to gather the evidence that can paint the clearest picture of how the death occurred and who is liable.
They have access to medical professionals who can provide insight into injuries and can also contact other expert witnesses, like accident reconstructionists. One other essential reason to hire a lawyer is that they know how to negotiate with insurance companies for a fair settlement.
If a settlement isn’t possible to reach, your lawyer can take the case to court. That’s not something that you should do on your own.
FAQs
What Accidents Result in the Most Wrongful Deaths?
Car accidents cause the most wrongful deaths, followed by motorcycle accidents, workplace accidents, and medical malpractice.
How Long Will My Wrongful Death Claim Take?
How long a wrongful death claim takes can depend on many factors, including how many parties are involved and how much evidence there is. Because each case is unique, it’s important to speak with your lawyer about what you can expect.
How Much Will Hiring a Lawyer Cost?
Wrongful death attorneys work on contingency. This means that they don’t get paid until they get you a settlement or jury verdict.
Trust the Compassionate Team at Ratzan Weissman & Boldt
If you have lost a loved one because of another party’s negligent conduct, filing a claim can help you meet your needs. Although it won’t bring your loved one back, this financial assistance can make a difference. At Ratzan Weissman & Boldt, our team of wrongful death attorneys can guide you through the process. Contact us for a free consultation.