What is the most you can sue for wrongful death?

Losing a loved one due to negligence is a tragic experience, and many families wonder how much compensation they can recover in a wrongful death lawsuit. In Florida, there is no universal cap on wrongful death damages in most cases, but the amount you can sue for depends on several factors, including the deceased’s financial contribution, the severity of emotional loss, and whether punitive damages apply.

If you have lost a family member due to someone else’s negligence in Miami, Orlando, Tampa, or anywhere in Florida, the Law Offices of Jason Turchin can help. Call 800-337-7755 today for a free consultation.

How Are Wrongful Death Damages Calculated in Florida?

The compensation awarded in a wrongful death lawsuit is based on multiple factors, including the financial losses suffered by surviving family members and the non-economic impact of the death. These damages fall into three main categories:

1. Economic Damages

These are measurable financial losses that result from the death of a loved one. They typically include:

• Lost wages and benefits the deceased would have earned
• Medical expenses incurred before death
• Funeral and burial costs
• Loss of financial support for dependents

Example: If a primary income earner in a household was killed in an accident and would have earned $2 million over their lifetime, the family may seek that amount as part of the wrongful death claim.

2. Non-Economic Damages

These damages compensate for emotional suffering and loss of companionship. They include:

• Loss of companionship for a surviving spouse
• Loss of parental guidance for children
• Mental and emotional distress

Example: If a mother of two children is killed in a car accident, the children may claim compensation for the loss of their mother’s care, guidance, and emotional support.

3. Punitive Damages

In cases of extreme negligence or intentional wrongdoing, Florida courts may award punitive damages. These are designed to punish the responsible party and prevent similar actions in the future.

Example: If a drunk driver causes a fatal crash in Tampa, the victim’s family may seek punitive damages in addition to economic and non-economic damages.

Is There a Limit on Wrongful Death Compensation in Florida?

Florida law generally does not impose a cap on wrongful death damages, except in medical malpractice cases. For non-medical wrongful death claims, the amount of compensation is determined by the court based on evidence presented by the family and their attorney.

Medical Malpractice Wrongful Death Caps

Florida law previously placed a cap on non-economic damages in medical malpractice wrongful death cases, and this issue has been the subject of litigation. Certain limitations may apply depending on the circumstances of the case.

What is the Largest Wrongful Death Settlement in Florida?

Some wrongful death settlements in Florida have reached millions of dollars, particularly in cases involving corporate negligence, defective products, or extreme recklessness.

Notable Example: In one high-profile Florida case, a family was awarded over $11 million after proving that a defective vehicle design led to the death of a loved one.

How Much Can You Expect to Recover in a Florida Wrongful Death Claim?

The amount you can recover depends on various factors, including:

• The deceased’s age and earning potential
• The severity of negligence involved
• The impact on surviving family members

While no specific formula determines the exact amount, many wrongful death cases in Florida settle for six- or seven-figure amounts, depending on the circumstances.

How Do Wrongful Death Settlements Work in Florida?

When a wrongful death settlement is reached, the compensation is typically distributed as follows:

• Medical and funeral expenses are covered first
• Remaining compensation is divided among surviving family members
• If there are multiple beneficiaries, a judge may determine fair distribution

Case Example: Wrongful Death Settlement in Orlando

Scenario: A young woman was killed in a truck accident caused by a reckless driver in Orlando. Her family filed a wrongful death case against the at-fault driver.

Which Florida Cities See the Most Wrongful Death Cases?

Wrongful death claims arise in cities across Florida, but certain areas have a higher volume of cases due to traffic density, medical institutions, and industrial workplaces.

Miami

Miami’s heavy traffic congestion leads to a high number of fatal car accidents and pedestrian fatalities.

Orlando

With millions of tourists visiting Orlando each year, wrongful death cases often involve hotel injuries, theme park accidents, and road crashes.

Tampa

Tampa sees wrongful death claims related to motorcycle crashes, medical malpractice, and workplace accidents at construction sites.

Jacksonville

As one of Florida’s largest metro areas, Jacksonville has a high volume of truck accidents, nursing home negligence cases, and defective product claims.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

The statute of limitations for wrongful death lawsuits in Florida is two years from the date of death. If the claim is not filed within this timeframe, the family may lose their right to seek compensation.

However, some exceptions apply, such as cases involving fraud or concealed evidence. Consulting an attorney as soon as possible ensures that deadlines are met.

Contact a Florida Wrongful Death Lawyer Today

If you have lost a loved one due to someone else’s negligence in Florida, you may be entitled to significant compensation. The Law Offices of Jason Turchin is here to help.

Call 800-337-7755 today for a free consultation. You won’t pay any fees or costs unless we win or settle your case.