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How Are Damages Calculated

Wrongful death occurs when an individual is killed as a result of the willful or negligent action of another. According to the law, when a wrongful death occurs, the decedent’s heirs and/or other beneficiaries have the right to seek economic, non-economic and punitive damages.

Economic damages can be defined as compensation for the financial contributions the victim would have made to the survivors had they lived. Common forms of economic damages in wrongful death actions include: medical and funeral expenses, loss of the victim’s expected earnings, loss of benefits (i.e., pensions), loss of inheritance, and the value of the goods and services that the victim could have provided had they lived.

Non-economic damages, on the other hand, cover the less tangible losses that go along with a wrongful death. These will typically include compensation for the survivors’ pain and suffering, loss of love and companionship, loss of consortium and loss of the care, advice and nurturing from the deceased.

In addition, in some cases one can also receive punitive damages, which are awarded as a way to punish the defendant for bad conduct.

It is important to remember that these damages are not limited to income and external sources of benefits, but also the monetary value of services provided inside the home by a homemaker parent. This includes compensation for child care, cooking, cleaning, maintenance, shopping, transportation and even education.

Calculating Damages

When deciding the amount of damages to be awarded, Florida law requires the court to consider the following factors:

Calculating damages is always a complex matter, one that requires the parties to present expert witnesses such as economists and actuaries to testify as to proper compensation. Because of these complexities, it is essential that you seek the advice of an experienced Florida wrongful death attorney. For more information on actions under the Florida Wrongful Death Act, contact the Law Offices of James O. Cunningham, P.A., at 877-FL-INJURY (877-354-6587) for a free initial consultation.

Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr.
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
                 (877-354-6587)
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373