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What damages are available for wrongful death?

If you have a wrongful death case in Florida, the court may award you damages. The award is monetary in nature because this is a civil matter. You should not expect anyone to go to jail. Although, sometimes, the person may also face criminal charges that are separate from your case.

The Florida Statutes explains there are a few different reasons the court may award damages in your wrongful death case.


You may get damages for the simple loss of the person. The court may award these under loss of companionship, pain, suffering or protection. You must be the spouse to receive damages for the losses.

Parents who lose a child may also get damages for the mental pain and suffering but only if the child was a minor or did not have a spouse. Children may recover loss of companionship and guidance, along with pain and suffering damages for the loss of a parent.


Anyone in the case may get damages for the loss of support. If the person was the family wage earner, then the monetary award could be large. You can collect not only the money lost right at the time of the case but also future earnings.


The court may also give you an award to cover the medical expenses and the end-of-life expenses for the deceased person. This includes funeral bills and all medical costs related to the incident.

Wrongful death cases are difficult. The court often has sympathy for you if you prove your case and will provide you with meaningful damages to help offset the loss. While money will never replace your loved one, it is a practical need that can help you get through this hard time.