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Understanding non-economic losses in a Florida wrongful death claim

On Behalf of Scott Marshall Injury Attorneys | February 9, 2022 | Wrongful Death

Those in Florida affected by a sudden and tragic death caused by the negligence of an individual or entity may be able to file what’s known as a “wrongful death” lawsuit.

A wrongful death claim helps provide justice and compensation for surviving family members in two different ways.

Accountability and compensation

The first is about accountability. For many families, hearing a court of law declare that another person or entity was responsible for a loved one’s accident provides validation and closure.

Second, compensation provided for both the victim’s loss and the family’s loss is essential. Tangible or economic damages, like medical expenses the victim incurred prior to passing as well as burial and funeral costs are among the long list of damages families can recover.

But, they can also recover what’s known as “non-economic damages.”

What are non-economic losses in Florida?

Non-economic losses are intangible damages that do not have a precise monetary amount associated. Every state differs when it comes to the types of non-economic compensation they allow survivors to recover.

In Florida, eligible family members can recover non-economic damages for grief, loss of companionship and loss of protection, among others. Minor children who lost a parent may also be able to recover for loss of parental companionship and support.

The amount a family member can recover, however, will always depend on the circumstances and a general formula stipulated under law.

Eligible family members

In Florida, only certain family member can seek compensation in a wrongful death lawsuit. A parent, child, or spouse are eligible to recover. However, the law gets a little tricky in other areas, like children born out of wedlock and other situations.

Those with questions about eligibility or recovery are encouraged to consult with a personal injury attorney in Florida who can discuss the law and process in greater detail. It’s important to also take action sooner than later, as the state of Florida only allows families to file claims for a certain time after the loss.