Average Payout for Medical Negligence Resulting in Wrongful Death in Florida (2024)

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.

Payouts for Medical Negligence Resulting in Wrongful Death in Florida

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.

Who Is Receiving the Payout

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.

• The Surviving Spouse: The sort of damages that a surviving spouse may seek in a wrongful death suit may be different from the sort of damages that other family members may seek. The spouse may be allowed to seek damages for:
• Loss of Support: Seeking damages for loss of support allows the spouse to be compensated for the amount that the family has lost in financial support since the date of the deceased’s initial injury that put them out of work.
• Loss of Companionship: Seeking damages for loss of companionship puts a monetary value on the relationship benefits that the spouse had with the deceased, such as comfort, affection, and love.
• Children: Children are allowed to recover damages from the loss of a parent in a wrongful death suit. The amount and type of damages they may claim change depending on the age of the child. Minor children may pursue compensation for:
• Loss of Support: Much like the spouse, the victim’s children may also pursue damages for loss of financial support.
• Pain and Suffering: Losing a parent in a tragic accident or medically negligent situation can be heartbreaking and hard for a child to understand. Seeking damages for their pain and suffering can be another way to hold the liable party responsible for the children’s mental anguish.

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.

FAQs

Q: What Damages Can You Get for Wrongful Death in Florida?

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.

Q: How Long Does a Wrongful Death Due to Medical Neglect Lawsuit Take in Florida?

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.

Q: How Are Wrongful Death Settlements Calculated in Florida?

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.

Q: How Are Wrongful Death Proceeds Divided in Florida?

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.

Reach Out to a Wrongful Death Lawyer Today

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.