A wrongful death action is a complex action that results from an unexpected and tragic event, which is the death of a loved one due to the wrongdoing of another. Occasionally, other unexpected events can complicate the case, such as the death of a survivor prior to the rendition of a final judgment. Pursuant to the Wrongful Death Act, if a survivor dies before the final judgment is rendered the recovery of that survivor is limited to lost support and services up until the date of his or her death. Therefore, even if the deceased survivor was entitled to recover damages for mental pain and suffering as a surviving spouse or child of the decedent, the survivor’s personal representative will only be awarded damages for lost support and services, up until the date of his or her death. The personal representative of the decedent is required to pay recovered damages awarded to the personal representative of the deceased survivor.

The damage awards that are distributed amongst any of the living and deceased survivors are excluded from gross income for federal income tax purposes, and are not considered taxable income. However, Florida courts are split on the issue of whether the jury should be informed that the damages awarded are not subject to federal income taxes.

A wrongful death action is a complex cause of action, therefore it is essential that you choose a qualified, experienced, and skilled, West Palm Beach wrongful death attorney.
Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.