What damages are available in a Florida wrongful death case?

Florida’s Wrongful Death Act divides recoverable damages between the surviving family members and the estate. Survivors may recover for the loss of the deceased’s support and services, and particular survivors have their own categories: a surviving spouse may recover for loss of companionship and protection and for mental pain and suffering; children may recover for lost parental companionship, guidance, and mental pain and suffering; and parents may recover for mental pain and suffering, particularly in the case of a child. Survivors may also recover medical or funeral expenses they paid personally. The estate, separately, may recover the deceased’s lost earnings from the date of injury to death, the loss of prospective net accumulations, and medical and funeral expenses charged to the estate. One point that often surprises families is that the deceased person’s own pre-death pain and suffering is not separately recoverable in a wrongful death action. Because the damages framework is detailed and specific, a mediator who understands it can help the parties value the claim realistically.