How Much Compensation Can You Receive in a Florida Wrongful Death Case?

If you have lost a loved one due to someone else’s negligence in Florida, you may be wondering how much compensation you could receive in a wrongful death claim. The amount of compensation depends on two main factors: (1) the circumstances of the deceased’s death and (2) the claimant’s relationship to the deceased under Florida law.

Circumstances of the Decedent’s Death

Under Florida’s Wrongful Death Act, the estate must prove negligence and causation to seek compensation. This means that the Personal Representative of the estate must establish that the defendant owed the decedent a legal duty of care, breached that duty, and that the breach directly caused the decedent’s death.

However, even with a strong case, the compensation amount depends on the defendant’s ability to pay. Florida does not require drivers to carry liability insurance, meaning many fatal car accident claims result in little to no financial recovery due to uninsured or underinsured defendants. This highlights the importance of carrying Uninsured/Underinsured Motorist (UM/UIM) coverage in Florida to protect against such situations.

Status of the Claimant

If there is an available source of compensation, the amount awarded depends on the claimant’s relationship to the deceased, as outlined in Florida Statutes Sections 768.20 and 768.21:

• Surviving spouse: Entitled to compensation for emotional pain and suffering, loss of companionship, and lost financial support.
• Children under 25: Eligible for pain and suffering damages (except in medical malpractice cases), as well as loss of parental guidance and support.
• Adult children: Can only claim pain and suffering damages if the decedent had no surviving spouse.
• Parents of the deceased: May recover damages for mental pain and suffering if the deceased had no spouse or children.
• Financial dependents: Any family member financially supported by the deceased may recover the value of lost support and services.

Potential Compensation Amounts

In cases involving a well-insured or high-net-worth defendant, settlements or verdicts often reach several hundred thousand dollars per claimant. However, compensation varies greatly based on case specifics, including the extent of negligence, available insurance coverage, and financial responsibility of the defendant.

Seek Legal Guidance

Wrongful death claims are complex and highly fact specific. If you have questions about compensation in a Florida wrongful death case, call us at 407-254-4901. At Cullen & Hemphill, PLC, we are dedicated to helping families navigate these difficult cases. Visit our website at www.cullen-hemphill.com for more resources, including informative videos and legal insights.

About Attorney Kim Cullen

Kim Cullen, Founding Partner of Cullen & Hemphill, PLC, has been advocating for personal injury victims in Winter Park, Florida, for over three decades. After earning his law degree from Mercer University in 1993, Kim built his career specializing in personal injury law. As a devoted husband, father of four, and cancer survivor, he values life and health and deeply appreciates the trust his clients place in him.

For experienced and compassionate legal representation in Florida wrongful death cases, trust Cullen & Hemphill, PLC.