Damages Claimed in Wrongful Death Suits
The court considers several factors when determining the amount of damages due to the survivors of the deceased. The damages the survivors of a wrongful death victim may claim are dependent upon the relationship of the survivor to the deceased. The court will also consider the replacement value of the deceased’s services, as well as the life expectancy of the parties involved in the suit.
The Trial Professionals, P.A. is led by a team of dedicated and caring trial lawyers. We have more than 100 years of collective experience and have obtained millions of dollars for past clients. Need to determine the eligible damages in your wrongful death lawsuit?
Let our Orlando wrongful death attorneys review your case today. Call (855) 375-9959.
The primary measure of damages in a wrongful death action is pecuniary, or financial, injury. The court seeks to award the survivors fair and just compensation for the pecuniary injury they suffered as a result of the victim’s death.
Survivors of the decedent may recover damages for:
- Loss of support and services
- Loss of companionship
- Mental pain and suffering
- Parental companionship and guidance
- Medical and funeral expenses if covered by survivor
The decedent’s estate may recover damages for loss of net accumulations, future accumulations, lost earnings, and the decedent’s medical and funeral expenses if they were not paid by a survivor. To determine what is fair and just, the court will consider the decedent’s age at the time of death, his or her earning capacity, life expectancy, health, and the circumstances of the survivors. The computation of actual pecuniary damages can be a complicated process, and an experienced wrongful death lawyer in Orlando, Florida can help ensure you receive all the compensation to which you are entitled.
In addition to pecuniary damages, punitive damages may also be awarded in a wrongful death action. Punitive damages are intended to punish the wrongdoer as well as deter others from engaging in similar conduct. Punitive damages may be awarded if the person responsible for the victim’s death is guilty of intentional misconduct or gross negligence.
Placing a value on the loss of a human life is a difficult process. There is no easy formula to determine what the survivors are owed in compensation for their loss. The amount of damages and what is legally recoverable, is subjective in nature. A skilled wrongful death attorney in Orlando can guide you through the legal process and ensure you receive the full value of your claim.
Call The Trial Professionals, P.A. at (855) 375-9959 if you have a case in Orlando, Naples, Ft. Myers, Daytona Beach, or a surrounding area throughout Florida.