If your loved one dies because of the negligence of another person, you may have the right to file a wrongful death lawsuit. You may be able to receive certain damages in the form of financial compensation.
According to the Florida Statutes, what damages you may receive depend on your relationship to the person who died. In general, a spouse takes priority over everyone else related to the person and will receive benefits over others. If there is no spouse, then the children are next in line. If there is no spouse or children, then the parents may make a wrongful death claim.
Damages for a spouse
If your spouse is the victim in the case, then you may claim damages for the loss you experience from losing your life companion. You may also get an award for pain and suffering. You can seek payment for medical bills related to the incident and for funeral expenses.
The court may also award damages for the loss of financial support now and in the future. The calculation considers your spouse’s life expectancy prior to the incident and your life expectancy and uses his or her net income. Your dependency on your spouse will also factor in. For example, you would likely receive a large payment if you did not work and relied on your spouse’s income completely than you would if you both worked.
Damages for children
Minor children may also seek damages for financial support loss if there is not a spouse. Otherwise, adult children and minors would be able to make claims for pain and suffering and the loss of the parent relationship. Also, if there is no spouse, they could ask for payment for medical and funeral expenses.
Damages for parents
If there is no spouse or children, as a parent, you may receive payment for pain and suffering. You may also get damages for funeral costs and the expenses related to the medical care for the injuries from the incident.