How are Wrongful Death Lawsuits Paid Out in Florida?
The laws that address wrongful death lawsuits in Florida dictate who can receive compensation for such a claim and how it can be paid. Here we will be discussing the compensation that can be granted for such a claim and who will have to pay that compensation. Casas Law wants to ensure that you understand how compensation is handled for a wrongful death claim in Florida.
Elements of Damages
When a wrongful death claim is filed on behalf of an estate, the intent of the claim is to recover damages on behalf of the deceased person. The lawsuit may also list family members who were dependent on the deceased for support. Damages will typically include:
- Medical bills
- Funeral expenses
- Loss of wages
- Mental pain and suffering
- Lost companionship
When the death was caused by extreme negligence or disregard for others, the judge or jury may decide to grant punitive damages. This compensation is not to repay the family but to punish the defendant. The punitive damages granted cannot exceed three times the amount of the compensatory damages granted.
Insurance Policy Limits
Once the amount of compensation has been decided, the defendant’s insurance company will be expected to pay the amount of the judgment covered by their client’s policy limits. Any portion of the judgment not paid by the insurance company is the responsibility of the defendant. This excess will be very difficult to recover unless this party has attachable assets. Even with attachable assets, the process takes a considerable length of time.
West Palm Beach Wrongful Death Lawyer
Casas Law in West Palm Beach has answers when you need advice about wrongful death claims. We can help you determine if a wrongful death claim is right for your situation. Call Casas Law for a free consultation.
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