What Is the Average Wrongful Death Settlement in Florida?

Losing a loved one due to someone else's negligence or wrongful actions is one of life's most devastating experiences. Many families face not only emotional trauma but also major financial hardships. While no amount of money can replace your loved one, Florida law provides a way for survivors to seek justice and compensation through wrongful death lawsuits.

If you are considering filing a wrongful death claim in Florida, you likely have questions about what to expect regarding settlement amounts. While it is important to remember that every case is unique, this article aims to provide helpful information about typical wrongful death settlements in Florida.

If you have suffered a tragic loss due to an accident involving negligence and feel lost, contact our experienced wrongful death attorneys today for compassionate and trustworthy legal guidance.

Factors Affecting Wrongful Death Settlement Amounts

There is no single "average" settlement amount for wrongful death cases in Florida. Settlement values vary tremendously based on numerous factors specific to each case. Understanding these factors can help you form realistic expectations about your prospective compensation.

Economic Factors

Non-Economic Factors

Beyond financial losses, wrongful death settlements typically consider non-economic damages, reflecting the emotional toll on surviving family members. These can include:

• Loss of companionship and support: Recognizes the profound emotional impact of losing a loved one, encompassing the value of the relationship and emotional connection.
• Mental anguish: Accounts for the grief, anxiety, and emotional distress experienced by survivors due to the loss.
• Loss of parental guidance: Reflects the priceless guidance and support lost by minor children when a parent dies.
• Pain and suffering of the deceased (before death): Compensates for the physical and emotional pain the deceased suffered before their passing.

The best way to ensure that these sorts of damages are calculated accurately is to work with a skilled attorney with experience handling wrongful death cases.

Additional Case-Specific Factors

Several other considerations can also influence the final settlement amount, including the following:

Age and Health of the Deceased

Settlements often consider the deceased's life expectancy and overall health at the time of death. A younger, healthier individual's projected lifespan may result in a higher settlement reflecting their lost potential.

Number and Relationship of Survivors

The number of dependents and their relationship to the deceased (spouse, children, etc.) can impact the calculation of eligible damages and, consequently, the settlement amount.

Degree of Liability (Clear-Cut vs. Contested)

When the defendant's culpability is obvious, it strengthens the case and can lead to a quicker and potentially higher settlement. Conversely, contested liability often makes settlements more challenging.

Insurance Policy Limits

The limits of the defendant's insurance policy may serve as a practical cap on the final settlement, though in some cases, additional compensation may be available from other sources.

Strength of Evidence

Strong evidence, such as medical records, police reports, and expert witness opinions, can increase the ultimate settlement value by clearly documenting the defendant’s negligence.

Venue

Settlement amounts and jury verdicts can differ throughout Florida counties due to varying legal precedents, jury pools, and cost-of-living factors.

The Process of Reaching a Wrongful Death Settlement

Understanding the typical steps involved in a Florida wrongful death case can help the surviving family members navigate this challenging process. Here is a breakdown:

Appointment of a Personal Representative

A personal representative is legally required to file the wrongful death claim on behalf of the deceased's survivors. This individual, who is named in the deceased’s will or appointed by the court, manages the formal legal proceedings.

Filing of the Complaint

The official legal complaint outlines the defendant's wrongful act, establishes how it caused the death, and specifies the damages sought by the surviving family members.

Investigation and Discovery

During the early stages of the suit, both sides will gather evidence to support their respective arguments. This involves collecting medical records, police reports, and witness testimonies and consulting expert witnesses.

Settlement Negotiations

Once evidence has been collected and submitted, negotiations between the plaintiff's attorney and the defendant's insurance company typically commence. Most cases are resolved via settlement.

Mediation

In Florida, mediation is generally required before a wrongful death case can proceed to trial. This process, which is facilitated by a neutral third party, encourages the parties to reach a mutually agreeable settlement.

Trial (If Necessary)

If a settlement cannot be reached through negotiation or mediation, the case will go to trial. A jury will consider the evidence and arguments from both sides to determine liability and award damages.

Timeline

Wrongful death cases in Florida generally take six months to two years to resolve, though complex cases can take longer. The vast majority of these cases settle before reaching trial.

Michles & Booth: Proven Wrongful Death Attorneys

At Michles & Booth, we understand that no amount of money can replace your loved one. However, obtaining fair compensation can provide financial security and a sense of justice during this difficult time. Our veteran wrongful death attorneys have a proven track record of maximizing settlements for clients.

Don’t Be A Victim Twice™. Contact us at (850) 438-4848 today to schedule a free consultation.