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Average Wrongful Death Settlement in Florida [2024 Updated]

Robert F. Spohrer

If you have recently lost a family member due to the negligence or illegal misconduct of another party, it is natural to wonder about the average wrongful death settlement in Florida and how much compensation your family might obtain from the at-fault party. The reality is that while you can look at case awards and determine a general average, it does nothing to inform you about what to expect in your impending wrongful death suit.

Understanding Wrongful Death Claims in North Florida

A wrongful death suit is a personal injury claim filed in response to a fatal injury. Success with this claim will require proof that the defendant named in the suit directly caused the death through an act of negligence or intentional and illegal misconduct. If you are worried about the average wrongful death settlement in Florida, it is vital to understand how these claims work and how the value of damages is calculated in any given claim.

Every wrongful death claim in North Florida is entirely unique, and the outcome of every case is influenced by countless factors that vary on a case-by-case basis. You could be entitled to claim far more compensation than you initially realize, and working with an experienced attorney is the ideal way to maximize the potential of your claim. Spohrer Dodd Trial Attorneys has helped many past clients recover wrongful death settlements, and we can put this experience to work for you.

Claiming Compensation for Wrongful Death in Northeast Florida

A wrongful death claim is a type of personal injury claim, and while there are special rules that apply to wrongful death suits, a case will function similarly to most other personal injury claims on a procedural level. The plaintiff must identify the party who caused the death, prove how they caused the death, and then prove the full extent of the damages the defendant inflicted on the surviving family.

The plaintiff in a wrongful death suit has the ability to claim compensation for various economic damages, including the funeral and burial expenses for the deceased, lost financial support they can no longer provide to their family, and increased childcare and household expenses resulting from their loss. If the representative of the estate of the deceased has grounds for a survival action, they can seek compensation for final medical expenses, lost income, and more.

When it comes to non-economic damages in wrongful death claims, the family of the victim has the right to recover compensation for lost affection, care, guidance, and companionship. The deceased’s surviving spouse has the right to compensation for loss of consortium and spousal affection. There are no longer any limits enforced restricting how much pain and suffering compensation can be recovered in Florida wrongful death claims.

The variables that can influence the total compensation the plaintiff in a wrongful death claim receives include the age of the victim, the number of dependents who have survived them, the income they earned prior to their death, and how long they would have likely continued to work in the future had they survived. Spohrer Dodd Trial Attorneys aims to help each of our clients maximize the compensation they obtain from their successful wrongful death suits in North Florida.


Q: How Are Wrongful Death Proceeds Divided in Florida?

A: In Florida, wrongful death proceeds are generally divided among the deceased’s beneficiaries. It is possible for both the surviving family and the estate of the deceased to have grounds for a claim, and these two claims each seek different forms of compensation. If you are unsure how the proceeds from a successful wrongful death claim and/or survival action will be divided, your attorney can assist you.

Q: Is There a Cap on Wrongful Death Damages in Northeast Florida?

A: In Northeast Florida, there is no longer any cap on wrongful death damages. The Florida Supreme Court recently ruled that restricting compensation in wrongful death claims was unconstitutional and removed the previously enforced cap on pain and suffering compensation. Your attorney can help determine how much pain and suffering compensation would be reasonable to include in your suit.

Q: What Damages Can the Estate of the Deceased Claim?

A: The deceased’s estate can claim several forms of damages through a survival action. While this is a counterintuitively named civil suit, the survival action applies when the victim does not immediately die from the injury a defendant caused. Between the time of their injury and the time of their death, their estate may have incurred various losses due to medical treatment costs, lost income, and more. The survival action allows compensation for these losses to be claimed.

Q: How Long Does It Take to Resolve a Wrongful Death Suit?

A: The time it takes to resolve a wrongful death suit varies from case to case based on multiple variables. If you are able to settle the claim privately, it will take far less time than litigation. However, it is possible only under certain conditions, and all parties involved must be willing to compromise. Litigation can take several weeks to several months or even longer than a year. Your attorney can provide an estimate of your case’s most likely timetable.

Q: What Does It Cost to Hire a Wrongful Death Attorney in North Florida?

A: The cost to hire your wrongful death attorney in North Florida can depend on the attorney’s billing policy. Most attorneys representing wrongful death suits in Florida accept these cases on contingency, meaning the client pays a fee only if their attorney wins their case. Additionally, the fee is a percentage of the total recovered from the defendant. Alternatively, an attorney may charge their client an hourly fee for the time spent working on their case.

Spohrer Dodd Trial Attorneys understands how terrible it is to lose a family member unexpectedly and the frustration that comes with knowing their death was the result of negligence or illegal misconduct. Whatever your case entails and whatever you may believe about the average wrongful death settlement in Florida, our team will do everything we can to maximize your family’s compensation. Contact us today to schedule a free consultation.