Once a wrongful death action goes to trial, the trier of fact which is generally the jury, has broad discretion to determine the amount of damages to award the claimant or claimants. Although some mathematical formulas are used in calculating the damages awarded in wrongful death actions, there is an element of speculation and discretion on the part of the jury, in formulating the final awards. The court will typically approve the jury’s verdict unless the award of damages is clearly unreasonable and arbitrary in relation to the injury and damages. If any party attacks the amount of awarded damages as either excessive or inadequate, that party had the burden of proving that the award is unsupported by the evidence or that the jury was improperly influenced.

When awarding economic damages such as lost support and services, lost earnings, and net accumulations, the jury may consider many factors such as:

• The age and life expectancy of the surviving dependents;
• The age, earning capacity, and life expectancy of the decedent;
• The relationship of the decedent to the survivors;
• The amount of support contributed by the decedent when living to each of his or her dependents;
• The probable net income of the decedent that would haven available to contribute to a particular survivor;
• The decedent’s response to the obligation to contribute to the support of the dependents;
• The probable increased needs of the dependents;
• The likelihood that the decedent would have contributed to the increased needs of the dependents;
• The potential increases in decedent’s income, including the likelihood of promotions;
• The education, health, habits, morals, social status, standard of living, intelligence, personality and skills of the decedent;
• An award for future economic damages such as loss of future support and services and lost net accumulations must be reduced to present money value.

During a wrongful death trial, the parties may present experts such as forensic economists, accountants, or annuity experts to testify about the calculation of economic damages and the reduction of those damages to present value. Although there is no required method of calculation under the Wrongful Death Act for economic damages, the parties have discretion to present experts regarding a recognized method.

Although the jury determines the ultimate award of damages, it is the responsibility of the wrongful death attorney to present the sufficient and appropriate evidence to obtain the best result and recovery for the plaintiff. Therefore, it is crucial that you have an experienced West Palm Beach wrongful death attorney. Call Sharmin & Sharmin, P.A. 1-800-74-TRIAL.