When the unthinkable happens and a loved one is killed in a fatal accident, wrongful death legal protections are available to help protect families of victims who have wrongfully lost their loved one. It is essential for families in these situations to be familiar with how wrongful death legal protections may be able to help them.
What types of damages may be recoverable through a wrong death claim?
In Florida, surviving family members may be able to recover compensation for damages for the loss of their loved one including the loss of support and services of the loved one. To calculate the loss of support and services, the relationship between the surviving family member and the victim, the victim’s probable net income that would be available to distribute to the surviving family member and the replacement value of those services will all be taken into account.
In addition, a surviving spouse may be able to recover compensation for loss of companionship and pain and suffering. Surviving children may be able to recover compensation for loss of parental companionship, instruction and guidance and for pain and suffering as well. Parents of a minor child wrongfully killed in a fatal accident may be able to recover pain and suffering damages and parents of an adult child may also be able to recover pain and suffering damages if there are no other survivors of the victim.
Damages for funeral expenses may also be recoverable by the party that has paid them and additional damages for loss of earnings may be recovered by the representative of the victim’s estate in some circumstances.
Personal injury protections such as wrongful death legal protections are valuable for families who have wrongfully lost a loved one because of another party’s negligence. This can include in a variety of different types of accidents such as a car, truck or slip-and-fall accident. Surviving family members should be familiar with how a wrongful death claim may help them when they have suffered a significant loss.