If someone is killed by someone else’s negligence or intent, that is a wrongful death. Under common law, there was no cause of action for wrongful death. The thought behind this was that life was far too precious upon which to place a monetary value. This is an absolutely true statement. Life is priceless. However, it was unfair to allow people who caused wrongful deaths to have no civil liability. Therefore, the Florida legislature passed the Florida Wrongful Death Act.
The Florida Wrongful Death Act does not try to put a monetary value on human life. Such a thing cannot be done. Rather, it allows survivors and the decedent’s estate to recover certain damages caused by a wrongful death. But, the Florida Wrongful Death Act has strict guidelines as to exactly who may recover damages, and what type of damages may be recovered.
Survivors
The survivors who may be permitted to recover damages include:
- Spouse
- Children
- Parents
- Any blood relatives and adoptive siblings, but only if they were dependent on the decedent for support or services
Damages
The permitted damages depend on the survivor’s relationship to the decedent. For example:
The surviving spouse may recover for:
- Lost support and services
- Loss of companionship and protection
- Mental pain and suffering
Children under 25 years of age may recover for:
- Lost support and services
- Lost parental companionship, instruction and guidance
- Mental pain and suffering
Children 25 years of age or older may recover for:
- Lost support and services
- Lost parental companionship, instruction and guidance – but only if there is no surviving spouse
- Mental pain and suffering – but only if there is no surviving spouse
Parents may recover for:
- Lost support and services
- If the deceased child was under 25 years of age, mental pain and suffering
- If the deceased child was 25 years of age or older, mental pain and suffering – but only if there are no survivors other than the parents
The decedent’s estate may recover:
- Loss of earnings
- Loss of net accumulations – but only if there is a surviving spouse or lineal descendants – or, if the decedent is 25 years of age or older, there is a surviving parent and there are no recoverable claims for lost support or services
- Medical and funeral expenses
Medical Malpractice Exception
However, there are some exceptions if the wrongful death was caused by medical malpractice. Under a medical malpractice claim for wrongful death, children 25 years of age or older may not recover for lost parental companionship, instruction, and guidance or mental pain and suffering. Likewise, the parents of a child 25 years of age or older may not recover from their pain and suffering.
If you have lost a loved one due to someone else’s negligence or intent, you need an experienced wrongful death attorney to help make sure all survivors are properly protected. Attorney Matthew Jowanna has handled countless wrongful death claims. Contact us today to schedule a consultation.
