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Medical negligence can be the cause of some truly devastating situations, including wrongful deaths of loved ones. A case like this can be especially emotional, stressful, and difficult to process, especially if you try to handle it all alone. When considering your next steps, you may be wondering about the average payout for medical negligence resulting in wrongful death in Florida and how retaining an attorney can impact the total amount you receive.
Retaining an experienced medical malpractice lawyer can make all the difference, particularly when it comes to the settlement amount.
Due to the numerous factors that impact medical negligence settlements, there is no average payout for medical negligence resulting in wrongful death in Florida. Each individual case has its own circumstances and specifics that make finding an average impossible. Sometimes, the payout will be substantial. Other times, it may be less than the plaintiff expected. However, just because one medical negligence wrongful death case had a specific payout does not mean that your case will result in anything similar.
Certain factors have to be taken into consideration when determining an appropriate payout or settlement amount in a wrongful death case, especially when medical negligence is a part of the case. Money will not make the pain of losing a loved one go away, but holding the responsible party accountable in a court of law can be a good first step toward closure.
Florida statutes describe who can sue for damages in a wrongful death case in the state. Surviving spouses, children, parents, and finally, any dependent relatives can all make a claim for wrongful death. However, the amount that is paid out and what is given can usually be determined by who is receiving that payout.
Adult children may pursue compensation only if there is no surviving spouse. If they are the ones who may file a claim, they may also seek damages for loss of support. They may also seek funeral expenses to pay for the memorial service of the victim, as well as their own pain and suffering.
A: The damages that you can seek in a wrongful death claim in Florida are largely dependent on your relationship with the deceased. Surviving spouses can pursue damages for a loss of companionship, a loss of financial support, a loss of protection, and pain and suffering. The victim’s children may seek similar damages, but only if there is no spouse to file the claim. Any family member who is making a wrongful death claim can sue for pain and suffering.
A: There is no telling how long a wrongful death lawsuit will take in Florida. The exact amount of time a case will take to resolve depends on how much evidence needs to be collected, how quickly it can be compiled, and the negligent party’s response to the claim. If they admit fault and choose to settle for an appropriate amount, the case may only take a few months. However, it can take years to resolve if they deny fault and choose to take the case to court.
A: Wrongful death settlements are calculated in Florida by assessing the estimated total from the economic and non-economic damages sought in the claim. Economic expenses such as funeral costs, medical bills, lost wages, and retirement costs are calculated. Then, non-economic expenses like pain and suffering, emotional distress, loss of consortium, and closeness are added to the settlement request. The total settlement amount will reflect both of these values.
A: Wrongful death proceeds are divided up among the deceased’s beneficiaries, which are largely the deceased’s immediate family members. Under Florida state law, the surviving spouse is considered first. If there is no spouse, then the proceeds go to the victim’s minor and adult children. If there are no children, the proceeds would then go to the victim’s parents. If the parents are gone, a personal representative of the victim’s estate may recover damages.
It can be emotionally distressing to handle a wrongful death claim. That’s why it is important to retain the services of an experienced wrongful death lawyer who can help you handle the process while you focus on grieving.
The legal team at Spohrer Dodd Trial Attorneys can be there for you during this time of emotional turmoil, providing you with help building your case, navigating the legal process, and advocating on your loved one’s behalf. Reach out to speak with a valued team member today and schedule a consultation.