In a wrongful death case, the decedent’s estate is entitled to recover certain damages. Medical or funeral expenses are generally only recoverable by the personal representative on behalf of the decedent’s estate, unless another survivor has proof of the expense. The recovery would then be reduced by survivor’s recovered amount. However, any recovery of medical and funeral expenses is subject to the claims of creditors, who have complied with Florida’s probate law to establish a claim.

The decedent’s estate may also recover the decedent’s lost earnings from the date of the injury to the date of the death, less the amounts for lost support of the survivors, plus interest. An amount reduced to present value for loss of the decedent’s prospective net accumulations is also recoverable in either of the following situations:

• The decedent’s survivors include a surviving spouse or lineal survivors, or
• The decedent is not a minor child, there are no lost support and services damages, and there is a surviving parent.

Under the Wrongful Death Act, net accumulations are the portion of the decedent’s expected net business or salary income, including pension benefits, that decedent would have likely retained as savings and left as part of the estate, had he or she lived the normal life expectancy. Net business or salary income is the portion of the decedent’s probable gross income after taxes that remain after deducting the decedent’s personal expenses and support for survivors, excluding contributions in kind. Net business income does not include any income investments that the decedent held at the time of death, and that would continue to accrue. A Florida wrongful death attorney may present expert testimony to establish a recognized methodology for calculating net accumulations. However, the damages for accumulations do not have to be determined with mathematical certainty.

Protect your recoverable damages and call Sharmin & Sharmin P.A. 1-800-74-TRIAL.