Section 768.21 of the Florida Statutes, which is part of the Wrongful Death Act, establishes the type of damages available in a successful wrongful death lawsuit, which include:
the victim’s medical and funeral expenses;
the loss of the victim’s “support and services” to the survivors;
if the victim was married, the loss of “companionship and protection” of their spouse, as well as the accompanying “mental pain and suffering”; and
if the victim had minor children (or all children if there was no surviving spouse) their loss of “parental companionship, instruction, and guidance,” as well as their pain and suffering.
The court may also award punitive damages if there is sufficient evidence of a defendant’s “gross negligence” or “intentional misconduct.” Punitive damages are designed to punish egregious behavior rather than compensate the estate or survivors, so when they are awarded, the amounts often substantially exceed the total compensatory damages.
Damages may be awarded to both the estate and any “survivors” of the victim, which include their spouse, children, parents, or any blood relative or adoptive sibling who depended on the deceased for support. It is therefore essential when bringing a wrongful death lawsuit to properly identify all survivors and the relationship to the victim at the outset.