There is no average wrongful death settlement in Florida. The outcomes of many cases are confidential, only between the liable insurer and the claimant. Some wrongful death cases settle for a few thousand dollars, and some settle for a few million. It all depends on the wrongful death claimant’s situation, including the cause of their loved one’s passing and other facts of their case.
Your Case’s Details Determine Your Settlement’s Value
It’s natural to wonder about the value of your wrongful death case. How much you can recover ultimately depends on these details:
Your Loved One’s Final Medical Expenses
Your loved one may have required medical care before their passing. Some of these costs may comprise:
- Palliative care, such as hospice
- Medications
- Life support
- Mental health counseling
- IV hydration
- Feeding tubes
When you partner with a wrongful death lawyer, they will evaluate all applicable medical bills and doctors’ testimony to determine these costs.
Funeral and Burial Costs
The Federal Trade Commission (FTC) notes that even a simple casket can cost $2,000. That’s a lot of money when you’re already facing financial strain. Through an insurance settlement, you could recoup damages that account for:
- Embalming
- Cremation
- Burial vaults or grave liners
- The hearse
- Burial plot upkeep
Your Loved One’s Lost Earnings
Your household may face financial strain after losing your loved one’s income. You can pursue the cost of their lost tips, wages, and other financial contributions via a wrongful death claim or lawsuit.
Various Non-Economic Challenges
Your wrongful death settlement should reflect the hardship of losing a close loved one. That means it should account for more than financial losses. It could also account for:
- Loss of consortium
- Loss of parental guidance
- Loss of household contributions
- Pain and suffering
- Mental anguish
You may find it hard to put a “price” on your wrongful death case. Yet, a wrongful death lawyer can objectively evaluate your losses and calculate them accordingly. That way, they can negotiate with the insurer for the full value of what you need.
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Florida Removed Caps on Wrongful Death Cases
Florida used to impose caps on how much compensation claimants could recover through wrongful death cases. The Florida Supreme Court overturned this rule a few years ago. So, under the law, there is no limit to how much you can seek via a wrongful death case.
What to Know About Filing a Wrongful Death Claim in Florida
You may have these questions while considering your legal options:
Who Can File a Wrongful Death Action?
A personal representative of the decedent’s estate can file a wrongful death claim or lawsuit. This representative seeks to recover damages for the decedent’s spouse, children, parents, and other beneficiaries.
If your loved one had a will, they may have named a personal representative in this document. If not, the court system will appoint one. It usually selects someone who the decedent knew, such as a family member or business partner, depending on the situation.
How Long Do You Have to File a Lawsuit?
If you can’t negotiate a settlement with the liable insurance company, then you can file a lawsuit against the negligent party. Florida Statutes § 95.11(4)(d) notes that you generally have two years to file your case. Your filing period begins from the date your loved one passed away.
Florida understands not every case is the same. So, you may have longer to act under Florida Statutes § 95.051. Still, you don’t want to make any assumptions about your case. The court system rejects cases filed outside their appropriate deadlines, and you don’t want to lose the chance to seek damages.
How Do I Know If I Have a Wrongful Death Case?
If your loved one passed away because of another party’s actions or inactions, you could have a wrongful death case. These claims result from an array of situations, including falls, dog bites, and collisions.
If you’re ever unsure about your legal options, you should consider consulting with a wrongful death lawyer. They can listen to your story, evaluate your situation, and lay out a course of action. They can also file your claim, negotiate with the insurer, and advocate for what you need.
How Long Does It Take to Resolve a Wrongful Death Case?
Your case’s progression, just like its value, depends on many factors. These factors include the insurer’s willingness to settle, the evidence to support your case, and your damages’ cost.
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Call Andrew Pickett Law, PLLC for More Information
We extend our deepest condolences if you lost a loved one to negligence. We can’t give an exact answer as to the value of your wrongful death settlement right now. However, when you partner with us, we’ll consider every aspect of your situation when determining what you need.
Our wrongful death team in Florida can start building your case today. To connect with attorney Andrew Pickett and his team of paralegals, call now.
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