How are damages calculated in Florida wrongful death cases?

A: Just as the question of who are "eligible survivors" may depend on the circumstances of death and the status of the decedent, damages recoverable in a Florida wrongful death action can depend on the unique circumstances of the decedent's employment and the survivor's relationship with the decedent.

1. Decedent's Estate

1. The estate may always recover medical or funeral expenses due to the decedent's injury or death. (A survivor who has paid these expenses may instead be the proper party to recover these expenses.)

2. Loss of earnings of the deceased from the date of the injury to the date of death, minus loss of support of survivors.

3. Loss of the perspective net accumulations of an estate which might reasonably have been expected but for the wrongful death. "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of his or her estate if the decedent had lived his or her normal life expectancy. "Net business or salary income" has to be calculated based on the part of the decedent's probable gross income after taxes that would remain after deducting the decedent's personal expenses and support of survivors. Often, such calculations require the services of an expert economist.

1. A surviving spouse may recover for the loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

2. Minor children of the decedent and all children of the decedent, if there is no surviving spouse, may also recover for loss of parental companionship, guidance and mental pain and suffering from the date of injury.

3. Each parent of a deceased minor child (that is, under the age of 25) may also recover for mental pain and suffering from the date of the injury.

4. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

5. Each survivor may also recover the value of lost support and services from the date of the decedent's injury to his or her death with interest and future loss of support and services from the date of death. Any such calculations must be reduced to present value. "Support and services" means contributions in kind as well as money and tasks, usually of a household nature, regularly performed by a decedent that will be a necessary expense to the survivors of the decedent. Such services will vary according to the identity of the decedent and the survivor and will have to be determined under the particular facts of each case. Again, the services of an expert economist may be needed.

Calculating all damages recoverable due to the death of a loved one requires a thorough knowledge of the Florida Wrongful Death Law, a complete analysis of the individual circumstances of the decedent and the survivor and the experience of an attorney qualified and competent in handling Florida wrongful death actions.