Gainesville, FL—When an individual suffers fatal injuries as a result of a wrongful act or someone else’s negligent behavior, their surviving family members may be entitled to sue the liable party and recover damages. Damages may be awarded to the decedent’s spouse, children, parents, and/or their estate depending on who comes forward with the civil action.
If a surviving family member or spouse in Florida is looking to recover damages to make up for their loss, they will need to file a wrongful death lawsuit and prepare for court. If an individual is looking for a legal representative in Florida to help them prove it was another person or entity’s negligence that cause their loved one’s untimely death, they can contact Koberlein Law Offices at 352-519-4357 to discuss their case with a Gainesville wrongful death attorney.
Types of Damages That May Be Awarded in Wrongful Death Cases
There are certain types of damages the court will award to surviving relatives or a significant other in a wrongful death case. Florida Statute § 768.21 outlines what these damages are. According to Florida law, the following individuals are entitled to collect these damages given they have a valid case:
- Survivors of the Decedent
Each survivor of the decedent may be eligible to recover “lost support and services from the date of the decedent’s injury to her or his death” as well as future loss of support and services. The court shall use the following factors to determine how much each survivor should receive for loss of support and services:
- Their relationship to the decedent.
- How much of the decedent’s “probable net income” is available to be provided to each survivor.
- The “replacement value of the decedent’s services to the survivor.”
- The Surviving Spouse
The surviving spouse may also be entitled to recover loss of companionship and protection as well as mental pain and suffering.
If the decedent had children at the time of their death, they may be entitled to also recover compensation for their loss of parental companionship, instruction, and guidance as well as for mental pain and suffering.
- The Decedent’s Parents
If the decedent was a minor, their parents may also be entitled to recover compensation for mental pain and suffering. In the event the decedent was an adult and there are no other survivors such as a spouse or children, then the decedent’s parents may also be entitled to collect money for mental pain and suffering.
If the spouse or relative of an individual who recently passed away would like to find out if they have a viable case and how much it might be worth, they can contact Koberlein Law Offices to speak with a Gainesville, FL wrongful death lawyer.
Koberlein Law Offices can be reached at any of their office locations listed down below:
8443 SW 14 Lane
Gainesville, FL 32607
118 Ohio Avenue N, Suite A
Live Oak, FL 32064
855 SW Baya Drive
Lake City, FL 32025