When negligence leads to the loss of a loved one, you are left grieving while trying to seek accountability and justice. Though no amount of money could ever equal the worth of a life lost, a wrongful death settlement may provide peace of mind financially. A Florida wrongful death lawyer can help build your case so you can seek some sort of peace of mind.
Wrongful Death Settlements Overview
Wrongful death settlements provide financial compensation to the families of a deceased individual when negligence or misconduct by another party is found to have caused or contributed to the death. These settlements aim to cover expenses related to funeral and burial costs, loss of future earnings and benefits, loss of companionship, and pain and suffering experienced by surviving family members. The settlement calculation process involves assessing economic and non-economic damages to determine the total value of the claim.
To determine a settlement amount, documented expenses like medical bills and funeral arrangements will be totaled to account for economic losses. Financial experts may also be brought in to project future earnings the deceased would have generated over their lifespan to capture lost income fully. Pain and suffering are harder to quantify, but factors like the closeness of relationships and emotional trauma may be considered when deciding on non-economic damages.
The full settlement value will be influenced by what can be proven and negotiated based on the circumstances of the case. This involves available insurance coverage and applicable state laws that outline who is eligible to file claims. The process aims to reach reasonable compensation for losses suffered by surviving family members.
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Factors that May Impact a Settlement Amount
The amount you seek in damages largely depends on aspects like loss of support and services, companionship, pain and suffering, and other impacts. Aggravating case circumstances and evidence strength can further influence the settlement value. Many factors can affect the amount of a wrongful death settlement, as these cases are complex and unique, such as the following:
- Economic damages cover the loss of financial support, often determined by experts evaluating the deceased’s earning capacity, education level, age, and dependents’ needs.
- Strong evidence proving negligence greatly benefits claimants when establishing fault.
- Claims of extreme mental anguish or trauma experienced by close survivors may warrant increased non-economic damages.
Insurance coverage limits, laws capping certain damages, shared fault, previous case outcomes, and negotiation skills also shape the ultimate settlement amount. An attorney can thoroughly investigate the details to create a case that fairly reflects the full impact on survivors under state legislation. The goal is to reach a potentially fair and adequate settlement.
How a Wrongful Death Settlement May Be Calculated
Florida statutes establish clear processes to quantify and determine appropriate settlement values for valid wrongful death claims in the state. Initially, all verifiable economic damages like medical bills, funeral expenses, and projected future income of the deceased based on earning potential are fully documented. Certified financial analysts typically calculate lifetime projected earnings using the deceased’s factors like age, occupation, and education.
More subjective non-economic damages are weighed based on providing meaningful relationships and suffering experienced by eligible surviving claimants. This can involve statements from healthcare providers about grief and trauma suffered after losing the deceased. Experts may testify to validate increasing awards for pain and suffering tied directly to the incident.
Negotiations occur between involved legal teams, defending and representing surviving family claimants, to determine appropriate settlement amounts. Settlement offers are calculated and debated based on analysis of precedents with similar case results, caps on damage awards, assessment of negligence evidence strength, and the risk or chances involved if proceeding to trial.
The goal for both parties is ideally achieving reasonable consensus regarding the maximum eligible compensation permitted under relevant Florida statutes, given the verifiable tangible and intangible losses and suffering tied to wrongful death.
Potential Parties that Can Potentially File for a Wrongful Death Claim in Florida
Florida statutes specifically outline the eligible beneficiaries who may file as plaintiffs to seek damages compensation stemming from a wrongful death. Surviving spouses, children (minor, adult, biological or adopted), parents, blood relatives, and adoptive siblings who were dependent on the deceased are legally viable candidates. The personal representative appointed to handle the deceased’s estate typically opens the case to recover financial losses on behalf of beneficiaries named in any existing will or estate documentation who suffer from the passing.
Even blood relatives need not prove financial dependency to potentially bring a claim under Florida legislation. The precise list of permissible plaintiffs is defined in statutes 768.18 and 768.20 of Florida law. Current spouses at the time of death, children, parents, blood relatives, or adoptive siblings of the deceased may have standing to file a wrongful death claim.
Those with legal standing to show meaningful relationships or reliance on the deceased can consult an attorney regarding filing a potential wrongful death claim. However, this is only if you prove that you have suffered damages from the passing of your loved one. The goal is to ensure that all appropriate eligible parties can participate in a settlement.
Why Wrongful Death Settlements Are Often Larger than Other Personal Injury Claims
Wrongful death settlements typically exceed other personal injury settlements because a life has been lost, substantially multiplying damages far beyond immediate medical bills or property damage. Grieving families experience severe emotional impacts and permanent loss of companionship that warrant more compensation on top of significant financial hardships from losing income providers. These types of cases increase accountability and the need for funds to cover lifetime income loss.
Expert analyses calculate decades of projected lifetime earnings lost based on the deceased’s average work life expectancy, greatly expanding the economic damages that form the baseline settlement value. Additional payouts for difficult-to-quantify awards cover grief, pain, suffering, and loss of guidance or consortium for survivors. Insurers often accept larger settlements due to the compounding yet indisputable impacts.
While no dollar amount can be equal to the true value of a lost loved one, heightened wrongful death settlements attempt to reflect exponential and irreparable loss for multiple survivors that exceed individual injury claims. Extensive losses and higher accountability standards in fatality cases typically justify substantially greater compensation. A lawyer can help you build a strong case to potentially get the compensation you are seeking.
Work with a Florida Wrongful Death Attorney
If you lost a loved one because of someone else’s negligence, you should be aware of your rights. With the Schiller Kessler team on your side, you can present your case more strategically. Contact our team to start with your free consultation to see what the next step should be.
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