When your loved one is made the victim of a wrongful death, you may be left facing unexpected financial burdens. On top of this, you may be personally struggling to cope with the fact that they were taken away from you far too soon. While no amount of money could bring them back or make this situation fair, you could at least seek to recover economic and non-economic damages for your monetary losses and emotional devastation. Without further ado, please continue reading to learn more about the damages that can be recovered in a wrongful death claim and how an experienced Miami wrongful death lawyer at the Law Offices of Gonzalo Funes, PA, can help ensure you are awarded a fair and just amount.
What economic and non-economic damages are available in a wrongful death claim?
Just like most other personal injury claims, Florida law allows families to recover two primary categories of damages in a wrongful death claim: economic and non-economic losses. Firstly, as the name suggests, economic damages are the measurable financial impacts that your loved one’s death has caused you. For example, you may be left with the hefty medical bills your loved one collected, especially at the end of your lifetime. Plus, you may have been in charge of planning and paying for their funeral and burial processions. Lastly, you may be at a loss without the financial backing they once gave you; even if it means now you need to pay for outside help for household chores, childcare services, etc.
Secondly, non-economic damages are the emotional and relationship consequences you incur after losing your loved one. While no receipt or bill can be tied to it, there will undoubtedly be negative effects on your quality of life and enjoyment of life. That is, mourning their loss may cause you great mental anguish that can manifest into depression or anxiety. And if they were your spouse, you may feel the effects of a loss of companionship; and if you shared children, you may feel devastated with the loss of their parental figure and parental guidance. After speaking with your lawyer, they will be able to pinpoint exactly which economic and non-economic losses you are experiencing and translate them into your claim.
How does the Florida civil court calculate the total amount of damages to award?
The Florida civil court does not have a simple formula for calculating the total damages to award in a wrongful death claim. Rather, they will conduct a case-specific analysis based on the information you bring forward, further underscoring the importance of satisfying your burden of proof as a plaintiff.
Calculating economic damages is relatively more objective than non-economic damages. That is, outstanding medical bills and funeral/burial receipts are black and white. But also, if you are claiming lost financial support, the court may look at your loved one’s age, health, occupation, earning history, expected career trajectory, retirement contributions, health insurance, etc., to determine their future earning capacity and means of supporting you if they did not experience a wrongful death.
As far as non-economic damages go, the court may place a lot of weight on the nature of your relationship. This is to say that you may earn a more favorable award if you were the surviving spouse or child. Since this is more of a personal matter, it helps to ask family members, friends, and even your treating mental health professional to testify on your behalf. Here, they may touch on the level of emotional support and companionship you shared, and the internal struggles they have witnessed you go through since their wrongful death.
If you are ready to fight for this financial compensation, please get in contact with a skilled Miami-Dade County injury lawyer from the Law Offices of Gonzalo Funes, PA. We have successfully handled countless cases just like yours, so you can rest assured placing your trust in us.
