What Damages Are Awardable in a Wrongful Death Case from an Automobile Accident?

  • Sumo

wrongful death

When a family member dies as a result of the negligence of another person or a company, business, or government, there may be grounds to pursue a wrongful death case. What damages are award-able in a death case? The answer to this question depends on a number of factors including the following:

Factors Involved In A Wrongful Death Case

The Location of the Incident.   Each State has its own wrongful death laws in place.  In most instances, a wrongful death case must be pursued in the State where the incident took place and pursuant to the laws of the State where the incident took place.  Florida has a Wrongful Death Act (Chapter 768) in place under Florida Statutes.

Surviving Family Members.  Compensation can be awarded to a statutory survivor in a wrongful death case.  Statutory survivors are defined by State law and will depend on the age of the decedent, the marital status of the decedent, the number of children (if any) of the decedent, and if the decedent is survived by parents.

Life Expectancy of the Decedent.  Depending on the State, the life expectancy of the decedent can also be a factor to be considered when determining and extent of the damages.   In Florida, a Judge or Jury can consider the life expectancy of the decedent and the life expectancy of the survivors.

Amount of Insurance Coverage.  The extent and amount of compensation from a practical standpoint may also depend on the amount of insurance coverage in place for the automobile accident.  While the at fault party is liable for the full amount of the compensation and damages due to the Estate and surviving family members, the amount of the recovery may be limited to the amount of the insurance coverage.

Wrongful Death Lawyers

The issues (both legal and practical) that are involved in a wrongful death claim or case can be quite complex and confusing.  Because of this, it is important for the surviving family members to see the advice, consultation, and legal representation from a Florida Personal Injury Attorney.  

This entry was posted in Automobile Accidents, Wrongful Death and tagged , , , . Bookmark the permalink.