Suddenly losing a loved one in a tragic accident, such as a car accident, is devastating and an event many people never get over. Lives are changed forever and without your loved one, you may struggle financially and emotionally.
While it is impossible to bring your loved one back, a wrongful death lawsuit can help you recover compensation that you need to take care of yourself and your family when you no longer have the support of your loved one.
What are damages?
In a wrongful death lawsuit, the compensation you recover is known as damages. Florida law requires that a wrongful death claim be brought by the decedent’s personal representative.
The claim is filed on behalf of survivors, such as the victim’s spouse, parents, children or family members who relied on the person for financial support.
There are various types of damages you can recover from a wrongful death claim. The damages are divided into economic and non-economic damages.
Economic damages
Economic damages are costs that can be calculated. These include medical expenses, funeral and burial expenses and lost wages.
Lost wages include salary, commissions and other benefits the decedent would have provided to their family up until their retirement. Additionally, damages can include reimbursement for services the decedent provided to the family, such as transportation or home repairs.
Non-economic damages
Non-economic damages are costs that you cannot put a specific dollar value on. These include your emotional losses, such as the loss of companionship, protection and enjoyment of life due to your loved one being taken from you. This is often called loss of consortium damages.
You may also receive damages for the decedent’s losses. This includes costs that occurred between the time of the injury and death. Sometimes the victim does not pass away for days or weeks after the injury.
Damages for these losses include the cost of any emergency room treatment, medical costs, lost wages and pain and suffering experienced by the decedent after their injury and prior to their death.