Question 1

What can survivors recover in a Florida wrongful death action?

Accepted Answer

FL survivor recovery (Section 768.21): surviving spouse (loss of companionship and protection, mental pain and suffering, and loss of support and services), minor children (loss of parental companionship, instruction, and guidance, mental pain and suffering, and loss of support and services), parents of a minor child (mental pain and suffering and loss of companionship), adult children (if no surviving spouse: mental pain and suffering; if surviving spouse exists: adult children over 25 generally cannot recover pain and suffering), and dependent relatives (loss of support and services if they were actually dependent on the decedent). Each survivor’s recovery: is separate and distinct.

Question 2

How is loss of companionship valued in Florida wrongful death?

Accepted Answer

Valuation: loss of companionship is a non-economic damage (there is no mathematical formula). The jury considers: the nature of the relationship (closeness, duration, and quality), the decedent’s age and health (life expectancy), the activities shared (family activities, holidays, and daily life), and the emotional bond (the strength of the emotional connection). FL: the jury has broad discretion in valuing companionship (the award: must be reasonable and supported by the evidence). Factors that increase the award: a close family relationship, young children, and a long remaining life expectancy.

Question 3

What is the difference between survivor damages and estate damages in Florida?

Accepted Answer

Distinction: survivor damages (belong to: the individual survivors; each survivor has: their own separate claim; the damages include: non-economic losses: companionship, pain and suffering, and guidance). Estate damages (belong to: the estate as a whole; the damages include: economic losses: medical expenses, funeral expenses, and lost earnings from injury to death). The personal representative: collects both types of damages in a single action. Distribution: survivor damages are distributed to: each individual survivor based on their proven losses; estate damages are distributed: according to the terms of the will or FL intestacy law.

Wrongful Death Survivor Action Recovery

FL Wrongful Death Survivor Recovery

Who Recovers

Companionship

Survivor vs. Estate

Related Terms

Barnes Walker Personal Injury

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