Losing a loved one is one of the most difficult experiences anyone can go through. When that loss occurs due to the negligence or wrongful actions of another, the emotional pain can be compounded by financial and legal challenges.
In these cases, a wrongful death lawsuit may be an option for surviving family members to seek justice and compensation. Some people may wonder what the average wrongful death settlement is in Florida before pursuing justice.
What Is a Wrongful Death Claim?
A wrongful death occurs when someone dies because of another person’s carelessness, recklessness, or deliberate harm. In Florida, wrongful death claims are typically brought by the deceased person’s surviving family members, such as a spouse, children, or parents. These claims aim to hold the responsible party accountable. They also seek to provide compensation for the losses that survivors faced.
In Florida, the law allows the personal representative of the deceased person to file a wrongful death lawsuit for both economic and non-economic damages. These damages include funeral expenses, lost wages, loss of companionship, pain and suffering, and more.
Factors That Influence a Wrongful Death Settlement
There is no standard or fixed amount for a wrongful death settlement. Each case is unique, and the settlement amount depends on a variety of factors.
Circumstances of the Death
The facts surrounding the death play a major role in determining the settlement. For example, if the death occurred due to gross negligence or a preventable accident, the settlement could be higher.
The Relationship Between the Surviving Family Members and the Deceased
Florida law allows certain family members to file a wrongful death lawsuit. These typically include a spouse, children, or parents of the deceased. The closer the relationship between the surviving family members and the deceased, the higher the emotional damages, which can affect the settlement.
The Defendant’s Insurance Coverage
The amount of insurance coverage available from the defendant or their insurance company can also affect the settlement amount. If the responsible party has substantial insurance coverage, a higher settlement may be possible.
On the other hand, if the defendant is uninsured or underinsured, it may be difficult to recover a large settlement.
Liability and Fault
Florida follows a modified comparative negligence system, meaning that if the deceased was partially at fault for the accident, the settlement could be reduced based on their degree of fault.
If the deceased is found to be 51% or more responsible for their death, the surviving family members may be barred from receiving compensation. This is a critical factor that can dramatically affect the final settlement.
Average Wrongful Death Settlement in Florida
There is no specific average wrongful death settlement because each case is unique and influenced by numerous factors, as outlined above. However, settlements for wrongful death cases can range from thousands to millions of dollars, depending on the circumstances.
For example, settlements for cases involving a clear case of negligence or misconduct, such as a fatal car accident caused by a drunk driver, can result in significant payouts. On the other hand, cases involving less severe negligence or where the deceased shared responsibility for the incident may result in lower settlements.
In general, it’s not unusual for wrongful death settlements to be worth several million dollars, particularly in cases where the deceased had substantial earning potential.
Contact a Wrongful Death Lawyer for a Free Consultation
If you’ve lost a loved one due to someone else’s negligence, it’s important to seek legal advice as soon as possible. A skilled wrongful death attorney will guide you through the legal process, help you understand your options, and fight to ensure that you receive the compensation you deserve. Contact a lawyer today for a free consultation.
Contact the Tampa Wrongful Death Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a wrongful death lawyer in Tampa. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
