Lantana Wrongful Death Damages

Assigning a monetary value to lost life is an impossible task. Nonetheless, wrongful death claims allow family members and other loved ones of the decedent to recover compensation from the negligent party. Lantana wrongful death damages may be an important part of restoring a family’s financial situation and holding responsible entities accountable for an unjust death. For help with recovering damages, contact our compassionate wrongful death attorneys at Kogan & DiSalvo.

Compensatory Vs. Punitive Damages

As defined by Florida law, damages are either compensatory or punitive. Compensatory damages are broken up into two different categories: economic and non-economic damages. Economic damages are objectively verifiable and include past and future medical expenses and lost past and future earnings, loss of use of property, costs of repair or replacement, and other out of pocket expenses.

Common medical expenses may include but are not limited to:

  • Ambulance fees
  • Emergency room fees
  • Doctor visits and physical therapy
  • Diagnostic imaging
  • Surgery
  • Rehabilitation
  • In-home services
  • Home healthcare rehabilitation
  • Mobility accessories such as wheelchair, walker, crutches, back brace, etc.
  • Home accessories such as hospital type bed, special chairs/seats, etc.

Non-economic damages are more subjective and include non-monetary losses such as pain and suffering, inconvenience, emotional distress, loss of enjoyment of life, and loss of consortium (loss of affection or companionship of a spouse or permanently disabled child). Punitive damages are not awarded to compensate for any loss and are instead meant to punish the defendant for intentional conduct. For more information about available wrongful death damages in Lantana, contact an experienced lawyer.

Damages Specific to a Wrongful Death Claim

In addition to the typical economic and non-economic damages that are recoverable in general personal injury cases, there are special damages that the personal representative of the estate of the deceased person can recover in a wrongful death action. These damages are defined in Florida Statutes 768.21 and include, but are not limited to:

  • Recovery of the value of lost support and services from the date of the decedent’s injury to their death
  • Future loss of support and services from the date of death
  • Surviving spouse’s loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury until the spouse’s death
  • Loss of earnings of the deceased from the date of injury to the date of death
  • Loss of the prospective net accumulations of an estate
  • Medical or funeral expenses

Calculating the exact amount of damages appropriate for a certain case is not always simple. In many cases, an attorney may hire an economist as an expert witness to help determine how much income the decedent may have generated for their family had they lived a full, long life.

Recovering Wrongful Death Damages in Lantana

An action for wrongful death should be brought by the decedent’s personal representative, who will then recover for the benefit of the decedent’s survivors and estate all damages caused by the injury resulting in death.

A personal representative should reach out to an accomplished wrongful death attorney for assistance with recovering Lantana wrongful death damages. An experienced lawyer could explain the steps involved in filing a claim, collect relevant evidence like medical documentation, depose both expert and eyewitnesses, and hold the negligent party accountable for their actions.