What To Know About Wrongful Death Payments

If you win a wrongful death lawsuit, then you will likely be awarded financial compensation—commonly referred to as “damages”. However, the amount of money you receive in these cases varies. Every case is different, and some cases win more money than others.

The settlement payments you receive depend on various financial and bereavement factors. State laws also dictate how wrongful death cases work. For example, Florida law requires a representative of the decedent's estate to lodge a damages case on behalf of their family or beneficiaries.

If you file a lawsuit in Florida, then you and your family might receive some direct settlement payments. Plus, your loved one's estate might also be awarded some money in damages. 

Read on to learn more about the types of payments given in these cases.

Family Settlement Payments

If you have lost a family member to a wrongful death, then a court might rule that you and other members of your family are entitled to damages. Depending on your circumstances, your awards might be based on both tangible and intangible compensation metrics.

For example, your damages could include some or all of the following:

Loss of Support and Services

Spouses, partners, children, and other family members can lose out financially when someone dies. For example, if a decedent is primarily responsible for funding a household and family, then the surviving family will struggle to cope without their lost income.

They might be awarded damages to cover the gap their loved one has left in their finances. However, these damages aren't just about lost income support. In a wrongful death case, support can also include additional benefits with a financial value.

For example, if you have lost your spouse, and their employer gave them family health insurance as a benefit, then you will lose this benefit after their death. This loss is financial, and you might be awarded damages to replace its value. 

You may also qualify for lost service payments. These payments give financial value to services a person regularly carried out before their death.

If your lost loved one was a stay-at-home parent, then you might be awarded money to cover the costs of childcare and household services in the future. You might need to pay to replace this part of their role in your family; your damages reflect these costs.

Medical and Funeral Expenses

If the person who died needed medical treatment or spent time in the hospital because of the wrongful death incident, then you might have had to pay their medical bills after they died. You may also have to cover the costs of a funeral.

Wrongful death lawsuits usually award compensation for these costs.

Mental Pain, Suffering, and Loss

Some wrongful death payments are more intangible than others. For example, it is usually simple to calculate lost income; however, some losses are less easy to calculate. A court can, however, still award damages for these losses.

For example, a court might award a spouse or partner a settlement sum for the mental pain and suffering they experienced after the death. They might receive damages for loss of companionship. Or, young children might receive damages for the loss of a parent's future support and guidance.

Estate Settlement Payments

A decedent's estate can also make claims for damages in a wrongful death lawsuit. While these payments don't necessarily go to the family immediately, they benefit from them in the future.

For example, estate settlements can include:

Lost Income

If the decedent didn't die immediately, then they might have had a period of time when they couldn't earn their regular income even though they were still alive. A court might award compensation for lost income during this period. These damages typically cover lost earnings between the time the person was injured in the incident and their death.

Lost Estate Growth

People often save money during their lifetime which goes into their estate. For example, they might have made regular savings or investments which they will use in the future.

If someone dies, then these payments stop. This affects the value of their estate. It will no longer grow as big as it would had they lived.

Courts sometimes award compensatory damages for these estate losses. They calculate potential losses and award payments to cover them.

Wrongful death cases are complex. You aren't likely to have previous experience with this process and its potential outcomes, and you do need expert legal help to win this type of lawsuit. With the experience and knowledge of a seasoned attorney, you could get advice on how to handle your case as well as get proper representation during this difficult time.

To find out if you have a case and to learn more about your potential settlement payments, contact Jeeves Law Group, P.A. Our expert wrongful death lawyers will help you get all the financial compensation you deserve at this difficult time.