Damages Recoverable in a Fort Lauderdale Wrongful Death Case

Damages Recoverable in a Fort Lauderdale Wrongful Death Case

Daniel Hall 01/07/2024
Damages Recoverable in a Fort Lauderdale Wrongful Death Case

The unexpected death of a dear one is one of the most painful that anyone has to endure.

If your close one died due to the negligence of another person, you might need to sue for wrongful death. The two are referred to as damages, and they assist in easing the financial loss and giving a form of justice.

Loss of Financial Support

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This refers to the income your loved one would have provided to your household had s/he not died. This encompasses the cash earned from their contractual agreements and other sources of income such as bonuses, monies earned from other activities, and any expenses they incurred, such as providing health insurance. It is determined by determining the loved one's age, work experience, and wages or income.

For argument, let's say you have lost your spouse through a car accident. He/she was the family's main provider and used to have a good job with a promotion and a salary increment. You can claim for the wages lost that they would have been able to earn and provide for themselves up to their retirement period. This can be a lot of money, particularly if your spouse was young and had many years of work before him/her.

Loss of Services

This entails the kind of chores your loved one would usually engage in at home. Perhaps they prepared dinner for their families, mowed the lawns, or contributed to the housecleaning. The criteria of such a service are calculated by defining how much it would cost to hire someone else to do the same. 

You may seek compensation by hiring a lawn care service if your loved one used to take care of all the yard work. Besides, they could have assisted with some chores, such as child care or care of the elderly. Your claims should also consider the cost of hiring someone to take over these responsibilities.

Medical and Funeral Expenses

This covers the cost of medical care your loved one received after the accident that caused their death. It also includes funeral and burial expenses. You can seek compensation for these costs if you paid for them yourself or are responsible for paying them. 

Let's say your loved one was in the hospital for several weeks before they passed away. You can recover damages for the hospital bills. You can also recover the cost of funeral services, burial plots, and headstones. These expenses can add up quickly, and a wrongful death lawsuit can help you recoup some of these costs.

Loss of Companionship

This covers the emotional pain and suffering you experience because your loved one is gone. This includes the loss of their love, affection, guidance, and support. Depending on how close you were to the deceased, there's no set amount for this type of damage. If you lose a parent in a wrongful death case, the pain of losing their love and support is very different from losing a distant relative you rarely saw. 

A parent is supposed to be there for you through essential milestones like graduation and your first car. Now they're gone, and you must face those things without them. This can be a challenging and painful experience, and the loss of companionship damages are meant to compensate you for that emotional pain.

Loss of Parental Guidance

If you are a child who lost a parent in a wrongful death case, you can recover damages for the loss of parental guidance. This includes the loss of your parent's love, companionship, mentorship, and emotional support. They were supposed to be there for you through essential milestones like graduation and your first car. 

Now they're gone, and you must face those things without them. A parent plays a vital role in a child's life; losing them can be incredibly difficult. Loss of parental guidance damages are meant to compensate you for the emotional and practical support you've lost due to your parent's death.

Loss of Inheritance

If your loved one would have likely left you money or property in their will when they died, you may recover compensation for the lost inheritance. This requires evidence that your loved one intended to leave you something in their will. Maybe you have a copy of their will that names you as a beneficiary, or you have written documentation where they expressed their desire to leave you something. In these cases, you can recover damages for the amount of money or property you would have inherited if your loved one hadn't died unexpectedly.

Punitive Damages 

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In some cases, the court may award punitive and compensatory damages. Punitive damages punish the at-fault party for their reckless or malicious behavior. These damages are rarely awarded and require a high burden of proof. Let's say your loved one was killed in a drunk driving accident. The drunk driver showed a complete disregard for the safety of others. The court may award punitive damages to punish the driver for their behavior and deter others from engaging in similar reckless conduct. 

Conclusion 

Understanding recoverable damages is crucial if you've lost a loved one due to negligence in Fort Lauderdale. A wrongful death lawsuit can help ease the financial burden and offer a sense of justice. Consulting with a Fort Lauderdale wrongful death lawyer is recommended. They can guide you through the legal process and fight for the compensation you deserve. The deadline to file a wrongful death lawsuit is strict, so don't wait to seek legal help.

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Daniel Hall

Business Expert

Daniel Hall is an experienced digital marketer, author and world traveller. He spends a lot of his free time flipping through books and learning about a plethora of topics.

 
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