Wrongful Death

In Florida, wrongful death cases are strictly controlled by its state statute which sets forth the definition of “survivors” which explains who may recover damages and what damages may be recovered. (See Florida Statute 768.16 to 768.26, known as “Florida’s Wrongful Death Act.”) Survivors are the spouse, children, parents, and when wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. In an wrongful death case, a relative is appointed the personal representative of the estate and the survivors.

Of all the topics in Florida law, this most sensitive subject is one that is regulated in a dispassionate manner which is often confusing. For this reason, I have broken down the statute into easy to read matrixes which show who may recover damages and which damages they may be able to recover. In summary, spouses and minor children are always entitled to recovery for the death of their spouse or parent.

However, there are circumstances where there is no recovery permitted for adult children, siblings, and parents of adult children. For this reason, one must be familiar with the statute to determine who may recover and what damages may be recovered for the death of a relative. Consulting an attorney who is skilled in handling wrongful death cases is highly recommended in these matters.

Damages Recoverable by Surviving Spouse for loss of Spouse

Loss of Companionship and Protection	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

Damages Recoverable by Children (under 25 years) for Loss of Parent

Loss of Parental Companionship, instruction, guidance	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

Damages Recoverable by Adult Children for Loss of Parent if no Surviving Parent

Loss of Parental Companionship, instruction, guidance.	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

Damages Recoverable by Adult Children for Loss of Parent if they have a Surviving Parent

Loss of Parental Companionship, instruction, guidance.	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

Damages Recoverable by Parent for Loss of Adult Child who had no Surviving Spouse or Children

Loss of Companionship and Protection	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

 

Damages Recoverable by other Blood Relatives and Adoptive Siblings if Wholly Dependent on Decedent

Loss of Companionship and Protection	Mental Pain and Suffering	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses

Damages Recoverable by Personal Representative on behalf of Estate

Loss of earnings of the decedent from the date of injury to the date of death, less lost support of the survivors excluding contributions in kind	Loss of Net Accumulations	Loss of Support and Services	Future Loss of Support	Medical and Funeral Expenses