Wrongful Death Damages For Family Members

The unexpected and tragic loss of a loved one to an accident can feel overwhelming to their loved ones. This situation can also lead to significant financial stress, but filing a wrongful death claim against those responsible for the loss can help alleviate this stressor for parents, children, or spouses of the deceased. If you are interested in learning more about the compensation available in a wrongful death case, talk to the experienced Delray Beach personal injury attorneys at Earnhart Law.

Compensation for a Victim’s Parents

Compensation for the parents of a wrongful death victim will vary based on whether the deceased was a minor or an adult at the time of the accident. Parents can collect out of pocket costs like medical expenses and funeral costs as well as damages for emotional distress and pain and suffering. If the child is a minor, complex calculations are often involved in determining the loss of support and services they could have provided to the parents as an adult. The same calculations are made for adult children if there are no other survivors to the victim like a spouse or child.

Compensation for a Victim’s Child

The children of a wrongful death victim are also entitled to collect compensation under the state’s wrongful death statute. Adult children over the age of 25 years old can collect damages on any medical bills, funeral costs, and other out of pocket expenses. They can also collect compensation for the loss of parental companionship, instruction, and guidance of the deceased in addition to pain and suffering for the loss. The only exception to this is if the parent died as a result of medical malpractice, in which case damages for pain and suffering and loss of companionship are not available.

Minor children can also collect damages for out of pocket expenses incurred by the family, known as economic damages, in addition to the noneconomic damages of the loss of parental companionship, instruction, and guidance. These damages are often more substantial for minor children, especially if the child lived with the parents who were involved in the day to day life of the child. A minor child can also collect compensation for the mental anguish and pain and suffering of their loss.

Compensation for a Victim’s Spouse

If the victim in a wrongful death claim had a spouse at the time of their passing, the spouse can also collect compensation for damages inflicted by the accident. A spouse can collect compensation for their economic expenses like medical bills, property loss, lost wages, and funeral expenses in addition to noneconomic damages like the loss of the victim’s companionship and protection as well as mental pain and suffering.

Talk to Our Office Now

Have you tragically lost a loved one in an accident in the Delray Beach area? If so, the compassionate and experienced wrongful death attorneys at Earnhart Law are here to help. Call the office or contact us today to learn more about your legal options with a free case consultation.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.21.html