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What Damages Can an Estate Claim in a Wrongful Death Case?

If someone takes the life of your loved one, you may need to file a wrongful death suit to help cover the costs of the death. The damages that you and other surviving family members can claim in a wrongful death case are different from the damages that the estate can claim.

Keep reading to learn the damages that the estate can claim in a wrongful death case.

Damages Available to the Estate

According to Florida Statutes Title XLV Torts § 768.21, the following may be recovered by the decedent’s personal representative for the estate:

  • The decedent’s lost earnings from the date of their injury until the date of their passing, less lost support of surviving family members excluding contributions in kind, with interest.
  • The decedent’s lost prospective net accumulations of the estate, which may have sensibly been expected if not for the unexpected death, diminished to present monetary value, the following may also be recovered:
    • If the survivors incorporate a surviving spouse or lineal descendants; or
    • If the decedent isn’t a minor child by the definition in s. 768.18(2), lost support and services are not recoverable under subsection (1) and a surviving parent exists.
  • Medical or funeral expenses as a result of the decedent’s injury or death that have turned into a fine against the estate that’s been paid by or on behalf of the decedent, except values recoverable under subsection (5).
  • Proof of the decedent’s spouse’s remarriage is permitted.
  • Any compensation for the decedent’s estate is subject to creditors’ claims who’ve obeyed the requirements of probate law with respect to claims.
  • The damages indicated in subsection (3) may not be recoverable by adult children. The damages indicated in subsection (4) may not be recoverable by the parents of an adult child with regard to claims for medical negligence as defined by s. 766.106(1).

Don’t Delay—There’s a Time Limit

Be sure to file the wrongful death lawsuit before the two-year statute of limitations has passed. Otherwise, if you wait more than two years to file your case, the court will most likely throw it out.

If your loved one was killed due to the negligence or wrongdoing of another person, we may be able to help you recover compensation.

Our attorneys here at Harmon Parker, P.A. are highly skilled in the area of wrongful death law and have helped many other people just like you obtain justice.

Let us see if we can help you achieve justice, too. Don’t wait—contact us with your case right away.

Call Harmon Parker, P.A. today at (813) 452-4144 to learn more about how we can help you recover over a free consultation.