Losing someone to another person's negligence is the worst thing most families ever go through. Florida's Wrongful Death Act, sections 768.16 through 768.26 of the Florida Statutes, is what lets the family recover for it.
A Florida wrongful death case is brought by one person: under Florida Statute 768.20, the action is filed by the decedent's personal representative, who recovers on behalf of the survivors and the estate together. Who those survivors are, what they lost, and how much insurance is available are what set the number. Florida Statute 95.11(5)(e) gives 2 years from the date of death to file.
Key Factors in Wrongful Death Settlements
Several factors are considered when determining the value of a wrongful death claim. These include the assessment of liability, economic losses, non-economic damages, the deceased's age and life expectancy, the strength of evidence, and various legal considerations. Each one moves the final number.
Liability Assessment
Establishing liability is a cornerstone of any wrongful death case. The degree of fault attributed to the responsible party significantly influences the settlement amount. While some cases may have clear-cut liability, others can be more complex.
For instance, in a medical malpractice wrongful death case, liability assessment might involve evaluating whether a surgeon deviated from the accepted standard of care during a high-risk procedure. This could include examining surgical records, expert testimonies, and hospital protocols to determine if negligence occurred.
Comparative fault cuts the recovery. Damages are reduced by the percentage of fault assigned, and under Florida Statute 768.81(6) a party found more than 50 percent at fault for his or her own harm recovers nothing, except in medical negligence cases under chapter 766, which the subsection excludes. The seatbelt example is a real one and it is narrower than people assume: Florida Statute 316.614(10) says a seatbelt violation is not negligence per se and may not be used as prima facie evidence of negligence or in mitigation of damages, but it may be considered as evidence of comparative negligence. Florida Statute 768.20 also allows a defense that would bar or reduce one survivor's recovery to be asserted against that survivor without affecting what the others recover.
Economic Losses
Economic losses form a substantial part of wrongful death settlements. These tangible financial impacts on the deceased's family are typically easier to quantify than non-economic damages. The calculation of economic losses considers several factors:
- Lost income and future earning potential are primary considerations. This involves estimating the deceased's expected lifetime earnings, including potential career advancements and salary increases. For a young professional with a promising career, this figure could be substantial.
- Medical expenses incurred before death are also factored into the settlement. This may include emergency room costs, hospital stays, surgeries, and any other medical treatments related to the fatal incident. Funeral and burial costs are additional economic losses that are typically included in wrongful death settlements.
- The loss of benefits, such as health insurance coverage or pension plans, is another significant economic factor. For instance, if the deceased was the primary provider of health insurance for their family, the cost of replacing this coverage would be considered in the settlement calculations.
Non-Economic Damages
Non-economic damages in a Florida wrongful death case belong to the survivors, not to the decedent, and Florida Statute 768.21 sets out who may claim which of them. They are harder to price than the economic losses and they are usually the larger half of a settlement.
Pain and suffering experienced by the deceased before death is one form of non-economic damage. This considers any physical pain or emotional distress the victim endured between the time of the incident and their passing.
Under Florida Statute 768.21(2), a surviving spouse may recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury. This is what people mean by loss of consortium in a death case.
Under Florida Statute 768.21(3), minor children may recover for lost parental companionship, instruction and guidance and for mental pain and suffering from the date of injury, and all children may recover it where there is no surviving spouse. "Minor children" is not what it sounds like: Florida Statute 768.18(2) defines it as children under 25 years of age, whatever the age of majority. Under Florida Statute 768.21(4), each parent of a deceased minor child may recover for mental pain and suffering, and a parent of an adult child may recover it only where there are no other survivors.
Life Expectancy and Age of the Deceased
The age and life expectancy of the deceased person can significantly influence settlement amounts in wrongful death cases. Generally, younger victims with longer life expectancies may result in higher settlements due to greater potential economic losses over their projected lifetimes.
For example, the wrongful death of a 35-year-old software engineer with two young children would likely yield a higher settlement than that of a retired 70-year-old. Actuarial tables are often used to calculate life expectancy and potential lifetime earnings in these cases.
The age and financial dependence of surviving family members also enter the settlement calculation. Minor children who have lost a parent may be entitled to compensation for lost financial support and guidance throughout their childhood and potentially beyond. Similarly, the loss of a spouse who provided significant financial support to their partner can result in higher settlements.
Strength of Evidence
The quality and quantity of evidence in a wrongful death case can significantly impact settlement negotiations. Strong, compelling evidence often leads to higher settlement offers, as it increases the likelihood of a favorable outcome if the case were to go to trial.
In addition to traditional forms of evidence like eyewitness testimonies and expert witness reports, digital evidence is increasingly important in modern cases. That can mean surveillance footage, event data recorder downloads, phone records or messages, and it is often the only account of the crash that nobody can argue with.
Jurisdiction and Legal Considerations
The jurisdiction where a wrongful death case is filed can have a significant impact on settlement amounts. State laws regarding wrongful death claims can vary considerably, affecting various aspects of the case.
In Florida, Florida Statute 95.11(5)(e) gives 2 years from the date of death to file a wrongful death action. A death caused by medical malpractice runs under Florida Statute 95.11(5)(c) instead: 2 years from the incident or from when it was discovered or should have been discovered with due diligence, and in no event more than 4 years from the incident.
Florida law allows both economic and non-economic damages in wrongful death cases and caps neither. The medical malpractice caps written into Florida Statute 766.118 are still printed in the statute books but are not enforceable: the Florida Supreme Court struck the wrongful death caps in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), and the personal injury caps in North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017). No Florida statute has reinstated them.
Typical Settlement Ranges
The practical ceiling is usually insurance, not the value of the loss. Florida requires only $10,000 in personal injury protection under Florida Statute 627.733 and $10,000 in property damage liability under Florida Statute 324.022(1) to register a car. Bodily injury liability coverage, which is the coverage a wrongful death claim actually reaches, is not required for ordinary registration. That is why the first thing a wrongful death lawyer does is look for every policy in reach: the at-fault driver's liability coverage, an employer's policy if the driver was working, uninsured and underinsured motorist coverage on the decedent's own policy, and any umbrella policy.
Every case is different, and nothing here predicts what any particular claim is worth. Prior results in other cases do not guarantee or predict a similar outcome in yours.
The Role of Insurance in Settlements
Insurance is usually where the money in a wrongful death settlement actually comes from. The type of insurance involved depends on the nature of the incident that led to the wrongful death.
In car accident cases, the at-fault driver's auto insurance policy is usually the first source of compensation. However, policy limits can cap the amount available for settlement. For premises liability cases, such as fatal accidents on someone's property, homeowners insurance may come into play.
In cases where policy limits are insufficient to cover the full value of a wrongful death claim, umbrella policies may come into play. These sit on top of the primary policy and are often where the money in a high-value wrongful death case actually comes from.
Speak with a Wrongful Death Attorney Today
Working a wrongful death case while grieving is a great deal to carry. There is a 2-year deadline under Florida Statute 95.11(5)(e), an estate to open so a personal representative can bring the action, and a set of survivors under Florida Statute 768.21 whose claims have to be identified in the complaint.
Our wrongful death attorneys handle the probate step, identify every policy that may respond, and put the survivors' claims together in one action, so the family is not managing it while grieving.
Let us shoulder the legal burden while you focus on healing and honoring your loved one's memory. Contact Weinstein Legal Team today at 888.626.1108 or click here to start your free case review now.
