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What damages may be recovered in a wrongful death case?

Under Florida law, a family suing for wrongful death may recover the certain damages. Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered.

The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.


The Law Offices Schiller, Kessler & Gomez, PLC provides aggressive and effective legal representation to our clients with the highest standards of excellence, compassion and integrity. We always provide personalized attention and deliver prompt communication so that our clients always know where their case stands. Contact our offices anytime to schedule a free consultation.

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