The legal purpose of a wrongful death claim is to shift the financial burdens caused by a preventable death from the grieving family back to the negligent party. While no amount of money replaces a loved one, a fair recovery provides the financial stability needed to move forward. 

Compensation is generally divided into two main categories: 

Economic Damages (The Tangible Losses)

These are the measurable financial losses resulting from your loved one’s death. A local attorney will gather documentation like pay stubs, tax returns, and household bills to build a comprehensive claim for:

• Loss of Support and Services: This calculates the value of the decedent’s future lost income, benefits, and the services they provided to the family, like childcare, home maintenance, and financial management.
• Medical and Funeral Expenses: The claim includes reimbursement for any medical bills incurred between the time of the injury and the death, as well as the costs of a funeral and burial.
• Loss of Net Accumulations: This refers to what the deceased person would have likely saved and accumulated as part of their estate if they had lived out a normal life expectancy.

Non-Economic Damages (The Intangible Losses)

These damages are intended to compensate the family for the personal and emotional losses that do not have a clear price tag. In many cases, this is the most significant portion of the claim. Non-economic damages may include:

• Mental Pain and Suffering: Available to a surviving spouse, minor children, and the parents of a deceased minor child for the grief and anguish they have endured.
• Loss of Companionship and Protection: This compensates a surviving spouse for the loss of their partner’s companionship and protection.
• Loss of Parental Guidance: Minor children are compensated for the loss of their parent’s guidance, instruction, and companionship.

Punitive Damages and Comparative Fault

In rare cases involving extreme recklessness or intentional misconduct, such as a drunk driver causing a fatal crash, a family may pursue punitive damages. These are not meant to compensate the family for losses but to punish the wrongdoer and deter similar behavior. 

Additionally, Florida follows a modified comparative negligence system. This means if the deceased person was found to be partially at fault for the accident, the family’s compensation may be reduced by that percentage of fault. An attorney’s job is to build a case that minimizes any unfair allocation of blame on your loved one.