Generally, in a wrongful death case, the damages that the decedent’s survivors may recover are damages for: loss of past and future support and services; loss of companionship and protection; mental pain and suffering from the date of the injury; and medical or funeral expenses paid by the survivor. However, the damages for each survivor may vary depending on the relationship they had to the decedent. The amount of damages that is recoverable by each survivor may differ depending on if the survivor was the spouse, child, parent, or other relative of the decedent. Every survivor may recover the value of damages for lost support and services from the date of the decedent’s injury to the date of decedent’s death, with interest, and future loss of support and services from the date of death and reduced to present value. Additionally, the personal representative on behalf of the estate may recover medical expenses, funeral expenses, lost net accumulations, and loss of earnings on behalf of the estate. Likewise, punitive damages may be recoverable when one or more of the compensatory damages is recovered.

It is important to know that the Florida Wrongful Death act does not allow recovery for the loss of the value of the decedent’s life. Therefore, it is improper for a wrongful death attorney to ask the jury to set a value on a human life.

To ensure that you recover all of the damages that you deserve for the loss of your loved one, contact the attorneys at Sharmin & Sharmin P.A. 1-800-74-TRIAL.