In Florida, wrongful death claims often include economic damages meant to ease the financial burden left behind by a tragic loss. These measurable losses can significantly impact the compensation awarded to surviving family members.
Economic Damages Defined in Florida Wrongful Death Cases
Florida’s Wrongful Death Act allows certain surviving family members and the decedent’s estate to pursue compensation when a death is caused by negligence or misconduct. A major component of that compensation is economic damages—the tangible, financial losses directly linked to the victim’s death.
Unlike emotional or psychological harm, economic damages focus strictly on the money lost due to the fatal incident. These damages are critical to helping families regain some financial stability and cover costs that would not have existed had their loved one survived.
Common Types of Economic Losses in Florida Wrongful Death Claims
Economic damages can vary based on the victim’s age, occupation, life expectancy, and the survivor’s relationship to the deceased. However, the most frequently claimed categories include:
1. Lost Financial Support and Income
Surviving family members can claim the loss of income the deceased would have provided if they had lived. This includes:
- Wages, salaries, and expected raises
- Bonuses and commissions
- Pension contributions or retirement benefits
- Loss of future earning capacity
Calculating these damages often requires financial experts who can estimate how much the deceased would have earned over the remainder of their working life.
2. Medical and Funeral Expenses
Economic damages also cover the costs of:
- Medical treatment related to the final injury or illness
- Ambulance or emergency transport
- Hospice or long-term care (if applicable before death)
- Funeral, burial, or cremation services
These out-of-pocket expenses are recoverable if paid by a surviving family member or the estate.
3. Loss of Household Services
In some cases, the deceased may have contributed non-wage labor that carries real economic value. Examples include:
- Childcare or elder care
- Cooking, cleaning, and home maintenance
- Transportation or administrative tasks (e.g., bill-paying)
For instance, if a stay-at-home parent dies, the surviving spouse may need to hire outside help. These costs are recoverable as economic damages.
4. Loss of Inheritance
Florida law permits claims for the estimated value of what survivors would have inherited had the decedent lived a full life. This is particularly relevant when the death cuts short an individual’s ability to build wealth over time.
Who Can Recover Economic Damages in a Florida Wrongful Death Claim?
Under Florida Statute § 768.21, the right to recover economic damages typically belongs to:
- The surviving spouse
- Minor children (or all children if there is no spouse)
- Parents (when a minor child has died)
- The decedent’s estate
Each eligible party may recover different types of damages. For example, while the spouse may pursue loss of support and services, the estate might claim lost earnings that would have accrued after the date of death.
Factors That Impact the Amount of Economic Damages
Several factors shape how much a wrongful death claim is worth:
Age and Health of the Deceased
Younger victims with longer life expectancies tend to result in higher economic damages, especially if they had promising careers or were in good health before the incident.
Earnings History and Occupation
A high earner with a steady career may generate significant claims for lost income and benefits. For example, a 40-year-old professional with 25 years of career growth ahead can lead to a more substantial award than a retiree.
Dependency and Survivor Relationships
Economic damages depend on how financially dependent survivors were on the deceased. Children, spouses, or elderly parents who relied on the victim for support will often receive larger awards.
The Role of Experts in Calculating Wrongful Death Damages
In many Florida wrongful death lawsuits, economic experts are brought in to develop detailed projections of lost income and services. These experts use:
- Tax records
- Employment history
- Inflation adjustments
- Actuarial tables
- Economic forecasts
Courts may also rely on vocational experts to estimate how long the deceased would have remained in the workforce.
Economic vs. Non-Economic Damages: Why the Distinction Matters in Wrongful Death Cases
While both economic and non-economic damages are part of a wrongful death claim, they serve different functions:
- Economic damages aim to reimburse quantifiable losses
- Non-economic damages—such as emotional pain, loss of companionship, or mental anguish—are more subjective
Understanding this distinction helps families set realistic expectations and ensures the legal team can pursue full compensation under the law.
Florida’s Statute of Limitations for Wrongful Death Claims
Under Florida Statute § 95.11(4)(d), the general deadline to file a wrongful death lawsuit is two years from the date of death. Failing to file within that window can bar survivors from recovering economic damages, no matter how significant the financial loss.
Exceptions do exist in limited circumstances, such as when the death involved medical malpractice or intentional concealment of facts. However, these are rare and require early legal intervention.
Conclusion
Economic damages are often the financial foundation of a Florida wrongful death claim. From lost income and funeral expenses to the loss of household support, these measurable losses help restore some sense of financial security for those left behind. To fully protect your right to compensation, it’s important to act quickly, document all related costs, and work with experienced professionals who understand how to build a strong, well-supported case. Though no amount of money can replace a lost loved one, economic damages offer vital support during one of life’s most difficult chapters.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Florida wrongful death claims can be very challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
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