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Non-Economic Damages in Florida Wrongful Death Cases: Seeking Compensation for Pain and Suffering

by

A cross placed in the dirt at a funeral site.

Florida law recognizes the profound impact of wrongful death and allows surviving family members to seek compensation for their losses, including the intangible pain and suffering they endure. Thus, a wrongful death lawyer can be a powerful advocate if you have tragically lost a loved one due to negligence.

These compassionate legal professionals understand the wrongful death claims and can help you with the legal process, fight for the compensation you deserve, and hold the responsible parties accountable.

Understanding Wrongful Death Claims in Florida

A wrongful death claim is a legal action brought by surviving family members against the party whose negligence caused the death of their loved one. To establish a wrongful death claim in Florida, the following elements must be proven:

The death of the victim was caused by the negligence of the defendant. This means the defendant owed the victim a duty of care, breached that duty and the breach directly caused the victim’s death.

The deceased person was survived by a spouse, children, parents, or other close family members who have suffered a loss.

Non-Economic Damages vs. Economic Damages

Wrongful death lawsuits can recover two main damages categories: economic and non-economic.
Economic damages are tangible financial losses resulting from the death. These may include:

  • Medical bills incurred due to the deceased’s final injury or illness.
  • Lost wages the deceased would have earned if they had not died prematurely.
  • Funeral and burial expenses.
  • Loss of household income due to the deceased’s absence.

Non-economic damages compensate for the intangible losses suffered by surviving family members due to the emotional impact of the death. These damages are more difficult to quantify because they don’t have a clear monetary value. Examples of non-economic damages in wrongful death cases include:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Loss of companionship
  • Loss of guidance and support
  • Loss of consortium (for spouses)
CategoryDescription
Non-Economic DamagesIntangible losses suffered by the surviving family due to the emotional impact of the death.
ExamplesPain and suffering
Emotional distress
Mental anguish
Loss of companionship
Loss of guidance and support
Loss of consortium (for spouses)

Pain and Suffering in Wrongful Death Cases

Florida law acknowledges the profound emotional pain and suffering endured by surviving family members due to the wrongful death of a loved one. This can encompass a wide range of emotions, such as:

  • Grief and sorrow
  • Depression and anxiety
  • Anger and resentment
  • Loss of enjoyment of life
  • Difficulty adjusting to life without the deceased
  • Post-traumatic stress disorder (PTSD)

The depth and severity of pain and suffering will vary depending on the closeness of the relationship between the deceased and the survivors, the age and circumstances of the death, and the individual’s capacity to cope with loss.

Challenges of Quantifying Pain and Suffering

Unlike economic damages with receipts and bills, assigning a specific dollar value to pain and suffering presents a challenge. Since it’s a subjective experience, there’s no set formula for calculating this type of damage.

However, courts consider various factors when determining the appropriate compensation for pain and suffering in wrongful death cases. These factors are outlined in the table below:

Factors Considered in Pain and Suffering Awards

FactorDescription
Severity of LossThe closer the relationship, the greater the pain and suffering.
Nature of RelationshipThe quality of the bond (love, companionship, support) is considered.
Age of the DeceasedYounger deaths can be more devastating.
Survivor’s DependencyFinancial or caregiving dependence on the deceased is factored in.

Strategies for Maximizing Non-Economic Damages

While pain and suffering are subjective experiences, there are steps that can be taken to strengthen your claim and maximize the compensation you receive.

  • Gather Evidence: Documentation is essential in presenting a compelling case for pain and suffering. This may include:
    • Photos and videos depicting the close relationship between the deceased and the family.
    • Grief counseling records that demonstrate the emotional impact of the loss.
    • Testimonies from friends and family about the deceased’s personality and positive contributions to their lives.
  • Expert Testimony: A mental health professional can provide expert testimony regarding the potential long-term psychological effects of the wrongful death on surviving family members. Their insights can add significant weight to your claim.

Importance of Wrongful Death Lawyer

In the face of overwhelming grief and emotional turmoil, knowing the legalities of a wrongful death lawsuit can feel insurmountable. This is where an experienced wrongful death attorney can be an invaluable asset throughout the entire process.

Here’s why a wrongful death lawyer is crucial in such cases:

  • Expert Investigation and Identification of Liable Parties: An attorney will thoroughly and meticulously investigate the circumstances surrounding the death. They will gather evidence, interview witnesses, and consult with experts to determine the cause of the death and identify the party whose negligence was responsible. This investigation can uncover crucial details that grieving families may miss in their emotional state.
  • Evidence Gathering and Documentation: Building a strong wrongful death case requires comprehensive evidence to prove negligence and the extent of your losses. An attorney will handle the complex task of gathering evidence, including medical records, accident reports, police reports, and witness testimonies. They will also help document economic damages such as lost wages, medical bills, and funeral expenses. Additionally, the attorney will work to document the emotional impact of the loss through photos and videos depicting the close relationship between the deceased and the family, grief counseling records, and potentially expert testimony from mental health professionals regarding the long-term psychological effects of the loss.
  • Skilled Negotiation with Insurance Companies: Insurance companies are notorious for offering lowball settlements in wrongful death cases. An attorney with experience negotiating with insurance companies will fight to ensure you receive a fair settlement that adequately compensates you for both economic and non-economic damages. They will leverage their negotiation skills and knowledge of wrongful death law to obtain the maximum compensation they deserve.
  • Legal Expertise and Court Representation: Wrongful death lawsuits can be intricate legal matters involving complex legal procedures and court appearances. An attorney with a deep understanding of wrongful death law will guide you through the legal process, handle all legal paperwork, and represent you in court if necessary. They will effectively present your case, argue the merits of your claim, and fight for a just outcome.
  • Emotional Support and Guidance: Beyond legal expertise, an experienced wrongful death attorney can provide emotional support and guidance during this difficult time. They understand the emotional toll a wrongful death takes on families and can be a source of strength and compassion throughout the legal process. They will answer your questions, address your concerns, and work tirelessly to ensure your voice is heard.

While no amount of compensation can ever truly replace the loss of a loved one, a qualified wrongful death attorney can ensure you receive fair compensation for the financial and emotional hardships you endure. Their expertise, dedication, and compassion can make a significant difference in challenging times and securing the justice you deserve.

Contact Our Firm for Support

The loss of a loved one due to wrongful death is a life-altering event. While no amount of money can truly replace the emotional void left behind, Florida law allows surviving family members to seek compensation for the pain and suffering they endure. By understanding the legal aspects of non-economic damages and taking steps to strengthen your claim, you can ensure a more just outcome that acknowledges the significant emotional losses you’ve suffered.

Contact Schrier Law Group today if you need legal guidance and support during this difficult time. Our compassionate wrongful death attorneys are here to help you navigate the legal process and fight for the justice and compensation your family deserves.

FAQs

Here are some frequently asked questions regarding non-economic damages in Florida wrongful death cases:

What if I don’t have a close relationship with the deceased?

Even in non-traditional relationships, pain and suffering can be claimed. The nature and quality of the bond will be considered by the court.

How long do I have to file a wrongful death claim in Florida?

The statute of limitations for wrongful death claims in Florida is generally two years from the date of death. However, it’s crucial to consult with an attorney as soon as possible to ensure you meet all deadlines.

What are the chances of winning a wrongful death case?

The success rate of wrongful death cases depends on the specific circumstances. A skilled attorney can assess the strengths and weaknesses of your case and advise you on the likelihood of success.

Can I afford to hire a wrongful death attorney?

Many wrongful death attorneys work on a contingency fee basis, meaning they only get paid if they win your case. The attorney’s fee is typically a percentage of the settlement or verdict you receive.

If you have lost a loved one due to wrongful death, seeking compensation for your emotional pain and suffering can be a crucial step in the healing process. By understanding your legal rights and consulting with an experienced attorney, you can ensure you receive fair compensation for the significant losses you’ve endured.