Types of Compensation Available in Wrongful Death Claims
Suddenly losing a loved one is devastating and can place a real emotional and financial hardship for you and other family members. If your loved one’s death was due to someone else’s negligence, such as a car crash caused by another person’s carelessness, you may be able to file a claim for wrongful death. Although the damages pursued in a wrongful death claim can never bring your loved one back, they can relive some of the burden you are currently carrying. Below, our Tampa wrongful death attorney explains the common types of damages available in these cases.
Economic Damages
‘Economic damages’ is the legal term used for losses that have a concrete dollar value. In wrongful death claims, the majority of economic damages stems from the income of the deceased loved ones were dependent on. This income can include wages, bonuses, benefits, and commissions. The total income is often calculated until the point of the decedent’s retirement.
In addition to economic damages for lost income, loved ones can also receive compensation for the value of services the victim once provided. These may include child care, yard work, home or vehicle repair, and transportation. When family members have paid out-of-pocket for funeral and burial expenses, these losses can also be compensated through economic damages.
Non-Economic Damages
Unlike economic damages, non-economic damages do not have a fixed dollar value. State law in Florida recognizes that loved ones can suffer certain losses after a death that are harder to calculate than economic damages. These may include the following:
- The loss of guidance
- The loss of companionship
- The loss of protection
- Emotional trauma
In Florida, spouses and children of wrongful death victims can receive compensation for loss of consortium. These damages are meant to compensate for the loss of emotional support, companionship, and intimate relationship for the remainder of their lives. When a child suffers a wrongful death, the law also allows parents to pursue compensation for the mental and emotional pain associated with losing a child.
Punitive Damages
Unlike economic and non-economic losses, punitive damages are not meant to compensate loved ones for their losses associated with the death. Instead, they are meant to punish individuals who caused the death. Punitive damages are rarely awarded and are only reserved for cases when a defendant has acted with gross negligence or intentional misconduct. As with all other types of damages, loved ones need clear and convincing evidence to pursue punitive damages.
Our Wrongful Death Attorney in Tampa Can Advise You of Your Legal Options
After losing someone you love, it is imperative to contact a Tampa wrongful death attorney who can help. At Moore Law, our experienced attorney will give you the best chance of recovering the fair compensation you deserve. Insurance companies aggressively fight these claims and try to minimize settlements provided to families during their most vulnerable moments. Our experienced attorney can fight back on your behalf to help you and your family obtain the full damages you are entitled to. Call us today at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html
