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What are the damages that can be recovered in a claim for Wrongful Death?
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Under Florida law, a family suing for Wrongful Death may recover the following damages:
- Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered.
- The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.
- Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
- Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.
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Call us at The Law Offices of Joseph LoRusso for your free case review today at (866) Joe- LoLaw / (866)563-5652.
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