Death is always a tragic event. The death of a loved one invariably creates a void in our hearts that takes time to heal and fill up. Now think how you would feel if your loved one passed away due to the negligence of someone. It’s not just tragic, but beyond that. This is known as wrongful death in legal terms.
Family members or representatives of a victim of preventable death can bring about wrongful death lawsuits when an individual or involved party is negligent, reckless, or caused the death intentionally.
If a wrongful death claim is won, the amount received as compensation varies greatly. Many factors play an essential role in determining the amount to be received.
Figuring out how much you will receive is not easy, and you probably won’t be able to do that yourself. For that, you’d need an expert Wrongful Death Attorney in Orlando, FL, to take up your case and make the calculations so you can get a clear estimate of how much you would receive as compensation for the wrongful death of your loved one.
Types of Damages Covered in a Wrongful Death Lawsuit
You can seek a wrongful death lawsuit if a loved one dies due to negligence, fault, breach of contract, or wrongful act of a person or entity. These lawsuits can be brought up against the negligent party by close family members or the elected representatives of the decedent’s estate. If a spouse or a minor child is not present, an adult child who is a blood relative of the deceased can also file a wrongful death lawsuit apart from the case of medical malpractice.
Florida Statute 768.21 states the types of damages you can claim compensation for in a wrongful death lawsuit. They are:
● Mental pain and suffering
● Medical expenses
● Loss of support and services
● Funeral costs
● Estate losses
These are the types of losses for which you can be owed in the case of the tragic and wrongful death of your loved one. Many claims include more than one, and some may cover all five. A spouse or an elected representative can sue for their own pain and suffering, funeral, medical, and other relative costs. But family members cannot sue based on the pain and suffering the deceased might have been through death.
So, if you feel burdened due to any of these reasons for the death of a loved one, you may be eligible for compensation.
Make sure you approach a law firm that specializes in dealing with such cases. For example, a pedestrian accident attorney can hardly do justice to a wrongful death lawsuit.
Average Settlement Amount for Wrongful Death in Florida
Knowing the average settlement amount of a wrongful death lawsuit is essential to get a fair idea of how much you are likely to receive in case you have to deal with a similar scenario. However, you must know that the settlement amounts for individual cases vary greatly, depending on the insurance coverage and the defendant’s financial worth. The average settlement amount for wrongful death claims is around $500,000 to $1 million. Damages to be paid can be lower or higher than this amount.
The Difference between the Death of an Adult and Death of a Child
Though it may sound morbid, there remains a significant difference in the settlement amount received when a child dies compared to when an adult passes away due to wrongful death. However odd it might sound, and though the death of a child often translates to unfillable losses, it usually does not create much difference to the finances of the close ones. In case you are dealing with the negligent death of a child, you can only sue for the mental and emotional pain you are going through. In comparison, when an adult dies, you are more likely to receive more as compensation because the running of your household would then depend on the income of the deceased.
An experienced wrongful death attorney in Orlando, FL, will know all the factors shaping your final settlement amount and will be able to guide you properly.
How is Wrongful Death Settlements Paid Out?
Once the court finalizes an amount, it is required that the elected representative will distribute the amount fairly and equitably among the survivors. Personal representatives are always recommended to seek court approval of all distributions to survivors and the estate. This will help negate the possibility of a legal dispute over the distribution.
These are the details you need to know about a wrongful death settlement in Florida. As you can see, many factors are involved in determining the amount you are likely to receive. No amount can fill your life’s void, but a fair amount can only support you during tough times. For the best wrongful death settlement amount, you can always connect with Louis Berk Law for a trusted wrongful death attorney in Orlando, FL.