Although no amount of money can bring back a loved one, the laws of the State of Florida do allow a survivor of a wrongful death to recover damages from an at fault party in a wrongful death lawsuit. Learn more about wrongful death damages in Florida in this presentation.

1. “Although no amount of money can bring back a loved one, the laws of
the State of Florida do allow a survivor of a wrongful death to recover
damages from an at fault party in a wrongful death lawsuit.”
WRONGFUL DEATH
DAMAGES IN
FLORIDA
AMANDA POWERS SELLERS AND JENNA C. FINKELSTEIN

2. The loss of a loved one is never easy to accept. When the death of a loved
one was preventable it is all that much more difficult to accept. The
unexpected death of a family member often causes financial hardship
along with the emotional trauma. Although no amount of money can bring
back a loved one, the laws of the State of Florida do allow a survivor of a
wrongful death to recover damages from an at fault party in a wrongful
death lawsuit. Because each wrongful death case includes a unique set of
facts and circumstances it is always best to consult with an experienced
Florida wrongful death attorney to ascertain what type of damages you
might be entitled to for your loss; however, it can also be advantageous to
have a basic understanding of wrongful death damages in Florida.

3. WHAT IS A WRONGFUL DEATH IN FLORIDA?
We often say things
such as “My spouse was
killed in a car accident”
or “I lost a parent in a
slip and fall accident”
when in reality the
incident that caused the
fatal injuries was not
truly an accident but
was a wrongful death.
A wrongful death in
Florida is defined as a death caused by a wrongful act, negligence, default,
or breach of contract or warranty. A car accident, for example, is typically
the result of negligence on the part of another motorist. Likewise, if a
victim is pushed or falls during the course of a physical fight, the slip and
fall accident that follows is not an accident at all but the result of
intentional, or wrongful, conduct.Generally, if the decedent would have
been entitled to file a personal injury lawsuit had he or she survived it is
likely a wrongful death case.2 percent of all SCIs. ury i on average, by 10-
20 percent for a person living with a SCI.
• CI are estimated to be anywhere from $1 million to $4.6 million,
depending on the age at onset and the severity of the injury.
•

4. DAMAGES IN A FLORIDA WRONGFUL DEATH LAWSUIT
Florida’s Wrongful Death Act allows certain survivors of a wrongful death to
pursue damages from the at fault party. “Damages” is the legal term used
to refer to compensation paid by an at-fault party to a victim in a personal
injury or wrongful death lawsuit as well as in other types of civil lawsuits.
The type of damages a survivor may be entitled to will depend on the
relationship between the survivor and the decedent.

5. ALL SURVIVORS
All survivors entitled to damages in a Florida wrongful death lawsuit may
receive the value of lost support and services from the date of the
decedent’s injury to her or his death, with interest, and future loss of
support and services from the date of death and reduced to present value.
Factors that may be considered when determining the value of lost support
and services include:
 The survivor’s relationship to the decedent
 The amount of the decedent’s probable net income available for
distribution to the particular survivor
 The replacement value of the decedent’s services to the survivor.
 In computing the duration of future losses, the joint life expectancies
of the survivor and the decedent and the period of minority, in the
case of healthy minor children, may be considered.
In addition, any survivor is entitled to medical or funeral expenses that
were actually paid by the survivor.

6. THE SPOUSE OF THE DECEDENT
The spouse of a decedent is also entitled to the following types of damages
in a Florida wrongful death lawsuit:
 The loss of the decedent’s companionship and protection
 Mental pain and suffering from the date of injury
CHILDREN OF THE DECEDENT
When a parent is the victim of a wrongful death in Florida both minor and
adult children of the decedent may potentially be entitled to damages for
 Lost parental companionship,instruction, and guidance – adult
children are only entitled to these damages if there is no surviving
spouse. If both parents die within 30 days of each other they are
considered to have predeceased each other for purposes of awarding
damages to adult children.
• Mental pain and suffering from the date of injury.
PARENTS OF THE DECEDENT
The parent of a child who was killed as a result of a wrongful death in
Florida is entitled to damages for mental pain and suffering if the child was
a minor at the time or death or if there are no other survivors in the case
of an adult child.

7. ESTATE OF THE DECEDENT
The estate of the decedent may also be entitled to damages in the form of:
 Loss of earnings of the deceased from the date of injury to the date
of death, less lost support of survivors excluding contributions in
kind, with interest.
 Medical or funeral expenses due to the decedent’s injury or death
that have become a charge against her or his estate or that were
paid by or on behalf of decedent.
HOW MUCH TIME DO YOU HAVE TO FILE A WRONGFUL
DEATH LAWSUIT IN FLORIDA?
Like most states, the State of Florida limits the amount of time a claimant
in a wrongful death case has to file a claim for damages. As a general rule,
the statute of limitations
(the time within which a
lawsuit must be filed) is
two years from the date
of injury. There are,
however, a number of
exceptions to the general
rule which could shorten,
or extend, the statute of
limitations.
Claims based on medical
malpractice, for instance, must be filed “within two years from the time the
incident is discovered, or should have been discovered with the exercise of
due diligence; however, in no event shall the action be commence later

8. than 4 years from the date of the incident or occurrence out of which the
cause of action accrued.” Failing to file a wrongful death lawsuit within the
relevant statute of limitations time frame will forever bar the Plaintiff from
pursuing compensation from the Defendant.
Given the complexity of a wrongful death claim as well as the numerous
exceptions to the general two year statute of limitations it is always best to
consult an experienced Florida wrongful death attorney immediately if you
suspect that a loved one was the victim of a wrongful death.
Florida Statutes, 768.21 Damages
LexisNexis, “Florida High Court Strikes Down Statutory Caps On Medical
Malpractice Noneconomic Damages In Wrongful Death Cases”

9. ABOUT THE AUTHORS
Amanda Powers Sellers
Florida criminal defense lawyer, Amanda Powers Sellers,
has aggressively defended thousands of Florida criminal
cases. With over nine years of criminal jury trial
experience, she has the necessary background to represent
cases ranging from Driving under the Influence (DUI) to
First Degree Murder.
Amanda is a seasoned litigator and an aggressive negotiator. With a wealth
of experience she has proven that her gentle, but aggressive style of criminal
defense litigation consistently achieves results for her clients.
Jenna C. Finkelstein
Florida criminal defense attorney, Jenna Finkelstein, has
over sixty (60) criminal jury trials to her credit. Her
experience defending individuals charged with crimes in
the state of Florida ranges from domestic battery to DUI
Manslaughter, Sexual Battery, First Degree Murder and all
crimes in between.
She is passionate about the law and promises personal attention to all of her
clients and their individual needs. Jenna is a seasoned trial attorney who
knows the legal system and its players. Jenna and her team at the Law Offices
of Powers Sellers & Finkelstein, PLC, are committed to fighting for you.
Powers Sellers & Finkelstein, PLC
6344 Roosevelt Blvd. Suite B
Clearwater, FL 33760
727-531-2926
http://psffirm.com