In Florida, once a wrongful death action is tried, the verdict form must separately state the amounts awarded to the estate and to each survivor. Pursuant to the Wrongful Death Act, the verdict must apportion each claimant’s damages according to the following categories: amount of compensation for economic losses; amount of compensation for noneconomic losses; amounts awarded for punitive damages, if any. An experienced West Palm Beach wrongful death attorney will have the court instruct the jury to individually consider damage awards for the estate and each survivor. However, if the jury returns an award to the estate without awarding damages for the survivors, then an appellate court will remand the case to the trial court for a new trial on the damages issue.
In a wrongful death case based on a medical malpractice claim, an experienced West Palm Beach, Florida wrongful death attorney will ensure that the economic and noneconomic damages are further itemized into subcategories. The economic damages should be itemized into amounts to compensate the claimant in the following categories: for past economic losses; and future economic lasses, not reduced to present value, and the number of years or partial years the award is intended to cover. Likewise, noneconomic damages should be further itemized into amounts compensate the claimant for: past noneconomic damages; and future noneconomic losses and the number of years or partial years the award is intended to cover.
When you are choosing an attorney for your wrongful death case, it is crucial that you choose an experienced wrongful death trial attorney that will not only win your case, but recover all the damages that you deserve for the loss of your loved one. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
