Item: Florida Probate Law Group
Rating: 5
Author: Roger

Florida Wrongful Death Damages

August 9, 2017

Understanding Florida wrongful death damages in crucial to successfully resolving a death claim. Section 786.21 of Florida’s Wrongful Death Act provides a statutory framework for wrongful death claims, and outlines six categories of damages available to litigants. These categories are (1) lost support and services, (2) lost companionship and protection, (3) mental pain and suffering, (4) lost parental companionship, instruction, and guidance, (5) medical and funeral expenses, and finally, (6) lost earnings. However, many wrongful death cases are settled without specifically designating what category of damages the settlement is meant to compensate.

Our flowchart breaks down which categories of Florida wrongful death damages are available to survivors:

florida wrongful death damages Failure to properly designate and apportion damages can result in needlessly subjecting your client’s settlement funds to creditors of the decedent’s estate, as explained in our prior blog article. Damages paid for lost earnings go into the decedent’s estate, can can therefore be claimed to pay medical expenses and other debts accrued during the decedent’s lifetime. To maximize your client’s settlement, damages should be designated as anything besides lost earnings when possible. Simply request a clause in the release, or memo on the settlement check indicating which category of damages the funds are meant to compensate. A probate attorney can then secure a court order designating those funds as payable solely to the decedent’s survivors, avoiding all creditor claims related to the decedent, including medical liens arising from the fatal accident. When no designation has been made, but releases have been signed, an experienced probate attorney can nonetheless protect your client’s settlement through a strategic Petition for Court Approval.

If you have questions about probate issues affecting your settlements, call us at (352) 354-2654, or email cdavid@floridaprobatelawgroup.com.

★★★★★

I was very happy with her response to my questions and concerns about Florida probate. I am in Ohio and was not familiar with the process but they cleared everything up for me and made me feel comfortable going through the probate process with my loved ones will. Roger

Honest and straight forward assessment of complex case. My case span both federal and state issues, as well as civil case of fraud which maybe criminal fraud. He told me what he could do, what his limits of scope were and what my best/safest position should be and gave me an outline of how to get there. S. Todd

The world of probate can be fairly daunting for one who has little to no experience. Between trying to figure out what to file and when to file, there is also the where. I was quite relieved to have Nadine and Cary to guide me through the court process. Michael O.

I highly recommend using this law group for your Florida probate needs, and in particular, Charles David. He explained clearly what my 91 year old aunt would need to do in order to sell property that was in hers and her late husband's name. Patti T.

Florida probate law group,was very helpful in answering the many questions that I had concerning my situation their input was very appreciated thank you. Shirley M.

Submit a Law Firm Client Review