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Damages in a Negligent Death Case

Oct 20, 2017 | By , on Personal Injury.

In the state of Florida, when a loved one’s death is “caused by the wrongful act, negligence, default, or breach of contract” of an entity or individual, the deceased person’s estate is allowed to file a lawsuit to recover damages.  When a loved one is killed in an auto crash, 18-wheeler collision, or other type of wrongful act such as medical malpractice, surviving relatives may be able to receive compensation for damages, including: 

  • Financial Support: Surviving family members may be able to receive compensation for the financial support the deceased brought home, such as lost wages.  This amount is calculated from the time of the victim’s injury until the date of their untimely death.
  • Loss of Companionship: In some cases, it may be possible to recover monies to compensate for the loss of companionship that was provided by the deceased family member.  Because it can be difficult to quantify this type of loss, it may be necessary to have an expert testify on your behalf at the time of trial.
  • Emotional Pain: Emotional pain and suffering are other types of damages that may be available to surviving family members.  An experienced Miami personal injury attorney can review the specifics of your loved one’s injury and resulting death and determine if you are entitled to compensation for emotional pain and suffering under Florida law. Only some surviving relatives are entitled to compensation for pain and suffering, including:

                                 – A surviving spouse;

                                 – Minor children who survived the deceased;

                                 – Adult children of the deceased if there is no surviving spouse;

                                 – Parents of a deceased minor child; and

                                 – Parents of a deceased adult child who did not leave a survivor.

  • Out of Pocket Expenses: When a surviving family member has provided payment for medical or funeral expenses, he or she may be entitled to seek reimbursement.
  • Services: In a Miami wrongful death case, a survivor can be compensated based on the loss of services the deceased would have provided, such as daily chores.  For example, if the deceased family member used to perform house repairs and it will now be necessary for the surviving family members to pay for that expenses, it may be possible to receive financial compensation for this loss. 

Punitive Damages 

If the individual or business responsible for your loved one’s death is found guilty of intentional misconduct or gross negligence, you may be able to recover punitive damages.  The term “intentional misconduct” can be complicated, but it essentially means that the individual responsible understood that his or her conduct was wrong and such conduct would likely cause injury or damage.

Contact Brais Law Firm Today

Contact an experienced personal injury attorney as soon as possible if a loved one is injured or killed as a result of a collision or other negligent act.  Our team of attorneys understand how stressful this time is for you and your family, both financially and emotionally, and we will work tirelessly to obtain all of the compensation you rightly deserve. Let Brais Law Firm help.

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