Pursuant to Florida’s Wrongful Death Act, damages for loss of companionship and protection of the decedent may be recovered by the surviving spouse. The loss of companionship is often defined as “consortium” and is the conjugal fellowship of the husband and wife relationship. This type of damages includes the past and future loss of intangibles such as love, sex, companionship, society, comfort and solace, and help in performing tasks around the household. In a trial for wrongful death, the marital relationship is relevant to the jury’s determination of the surviving spouse’s damages for loss of companionship and protection. In fact, a skilled Florida wrongful death attorney would consider using a grief expert to help the jury assess the damages for loss of companionship and protection.

If a minor child is a survivor of the decedent, the child may recover damages for lost parental companionship, instruction, and guidance from the date of the injury of the decedent. The minor child’s damages for lost parental companionship, instruction, and guidance are not limited to the period of his or her minority. The damages are instead,based on the life expectancies of the minor child and the deceased parent.

Additionally, adult children may also be entitled to damages for lost parental companionship, instruction, and guidance from the date of the injury, but only if there is no surviving spouse. For the purpose of determining whether there is a surviving spouse, when both spouses die within 30 days of each other as a result of the same wrongful act or accident, each spouse is considered to have predeceased the other. This provision allows adult children to recover damages for mental pain and suffering, lost parental companionship, instruction, and guidance if both parents die as a result of the same wrongful act. However, in a wrongful death action arising from a medical malpractice claim, the surviving parents of an adult child decedent cannot recover for lost parental companionship, instruction, guidance,and mental pain and suffering.

If you want to be knowledgeable about your legal rights and recover all the damages you are entitled to, you need an experienced Florida wrongful death attorneRecovering Damages for Loss of Companionshipy. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.