Damages in wrongful death cases

State law divides compensation for damages in Florida wrongful death cases into two categories: damages for the victim’s family and damages for the victim’s estate. The victim’s family may receive compensation for:

• loss of support and services family members received from the victim
• loss of companionship
• emotional pain and suffering related to the victim’s death
• loss of parental guidance, companionship, and instruction
• medical and funeral expenses

The victim’s estate may receive compensation for financial losses the estate incurred as a result of the victim’s death. Examples of types of compensation the estate may receive include:

• medical expenses incurred by the estate after the accident and prior to the victim’s death
• loss of income if the defendant’s behavior caused the victim to miss work due to injury prior to the victim’s death
• loss of future income the victim could have reasonably been expected to receive for the remainder of his or her life expectancy prior to the injury caused by the defendant

The best way to determine how much you may receive in a wrongful death case, consult a Florida personal injury lawyer. Our wrongful death attorney can examine the facts of your case and advise you of your legal options.

Wrongful death causes

A wrongful death case can arise from many different causes. In most cases, the defendant’s behavior may have caused an accident that resulted in the victim’s death. Civil claims that are related to an act of homicide differ in that the defendant’s behavior against the victim may have been intentional vs. an act of negligence or recklessness. Some of the most common types of wrongful death cases are:

• car accident cases
• truck accident cases
• pedestrian accident cases
• workplace accident cases
• swimming pool accident cases
• defective product cases

Establishing a negligence-based wrongful death claim

Most wrongful death claims in Florida are based on the theory of negligence. Within the context of civil law, negligence means more than basic carelessness or disregard. There are four elements a plaintiff’s attorney must prove to win a negligence-based wrongful death claim.

DUTY OF CARE

Every negligence-based personal injury case requires proof that the defendant owed the plaintiff a duty of care. A duty of care is the responsibility to keep other people safe from foreseeable harm. The duty element can take on different appearances in different types of wrongful death cases.

In a car accident case, a defendant who breached the duty of care may have increased the probability of an accident happening by drinking and driving. In a different type of car accident case, a parts manufacturer may have breached its duty to consumers by using defective parts.

An employer may be found to have breached its duty of care owed to employees by not implementing required safety standards. If the failure to keep employees safe causes an accident that results in a worker’s death, the employer may be liable in civil court.

Your personal injury attorney can identify the party who owed a duty to the wrongful death victim. After establishing the defendant owed a duty to the victim, the next required element is to prove the defendant breached his or her duty.

BREACH OF DUTY

Just because a defendant owed a duty to an injured plaintiff doesn’t automatically mean the defendant breached the duty. A defendant may have taken all of the necessary steps to effectively warn and protect the plaintiff from foreseeable harms. But the plaintiff may have been injured by an unforeseeable harm. For example, a customer who decides to venture into a secured “employees only” area and steal the keys to a forklift would be less likely to win his or her case if operating the forklift causes injury to the plaintiff. Similarly, someone who walks up an escalator backward for the purpose of creating social media content would also be less likely to win his or her case if misusing the escalator caused the defendant to fall.

Some cases are more straightforward while many others are in the gray area. Consulting a Florida wrongful death lawyer is the best way to gain clarity on whether you may have a valid legal claim.

PROVING CAUSATION

After proving duty and breach, the next step in a wrongful death claim is to establish that the defendant’s negligent conduct caused the victim’s death. For example, a store owner may fail to warn customers about a spill on one of the aisles. However, if a customer slips and falls while collapsing due to a heart attack, the store owner may not be liable for the cause of death. If the victim had a history of clogged arteries and showed no other signs of trauma in an autopsy, a Florida court would likely decide the case in favor of the defendant. However, if the autopsy revealed severe head trauma that is consistent with a fall, the victim’s estate would be more likely to win its case.

To establish causation, Wesley Chapel wrongful death attorneys often enlist the help of expert witnesses like healthcare professionals and medical examiners to provide professional insight in court. Couture Law leverages its professional relationships and resources to help our clients build the strongest case possible.

ESTABLISHING DAMAGES

The last required element in a Wesley Chapel wrongful death case is proof that the plaintiff incurred damages as a result of the victim’s death. It is often relatively easy to establish that someone’s death created an economic impact on the surviving family members. However, some cases may pose more of a challenge. The surviving relatives of someone who was estranged from his or her parents, spouse, siblings, and children may have more difficulty in proving loss of companionship. If the victim had no history or foreseeable future of earning income, the family would likely receive a minimal amount for loss of financial support. Nevertheless, every life has value. Consult with a Wesley Chapel personal injury attorney for assistance with estimating potential damages in your family member’s wrongful death case.

Strict liability in wrongful death cases

Most personal injury claims are based on the theory of negligence. However, there are a few specific types of cases in which a Florida court may instead apply strict liability. Unlike negligence, which requires the plaintiff to prove the defendant breached a duty of care, strict liability does not take into account the defendant’s level of care. To win a strict liability-based claim, the plaintiff is only required to prove that the defendant’s behavior caused the victim’s death. Strict liability wrongful death cases in Florida commonly involve:

• defective products
• dangerous pharmaceutical drugs
• dog bites
• dangerous activities
• ownership of wild animals

Comparative negligence in wrongful death claims

After a court rules in favor of the plaintiff, the plaintiff receives a judgment that orders the defendant to compensate the plaintiff in a specified amount. It seems logical that a successful plaintiff would be able to collect 100% of the amount of his or her judgment. However, in Florida, this is not always the case.

Florida civil courts follow the rule of comparative negligence when awarding damages to injured plaintiffs and their families. Under the rule of comparative negligence, a judge assigns a percentage to each party. The percentages correspond to the amount of fault the court decides each party contributed to the accident. For example, a court may find that a plaintiff contributed five percent of fault in a personal injury case because he or she was wearing shoes with bad traction during a slip and fall accident. Because the plaintiff contributed five percent of the fault in the case, he or she would be able to collect 95% of the judgment amount.

Plaintiffs in Wesley Chapel personal injury cases may receive compensation even if he or she was more than 50% at fault. Therefore, a plaintiff who is 99% at fault may collect one percent of the award amount.

Contacting a Wesley Chapel wrongful death law firm

If you’ve recently experienced the loss of a loved one due to someone else’s conduct, you may be entitled to receive compensation. The first step toward asserting your rights under Florida’s wrongful death law is to contact a Wesley Chapel wrongful death attorney. Couture Law has more than 15 years of experience representing Floridians in personal injury cases. We aim to resolve every case by obtaining an equitable settlement. However, we will fight for the compensation you deserve in court if the best strategy is to take your case to trial.

Contact Couture Law to learn more about the types of compensation you may be eligible to receive. A member of our team will review the facts of your case and explore your best legal options.