Losing a loved one unexpectedly creates both emotional devastation and financial hardship that no family should endure. When someone’s negligence or wrongful actions cause a death, Florida law offers legal remedies via wrongful death claims. Many bereaved families wonder whether they can recover compensation for pain and suffering—both what their loved one experienced before death and their own emotional trauma after the loss. If you are dealing with the tragic aftermath of a wrongful death, working with a skilled Florida wrongful death attorney can help you understand your rights and options.
What Is Pain and Suffering in a Wrongful Death Claim?
Pain and suffering in Florida wrongful death cases can refer to two distinct components that courts consider when determining compensation:
- The deceased person’s suffering – The physical pain, emotional distress, and mental anguish experienced between the injury and death
- The survivors’ suffering – The grief, anguish, and emotional distress family members experience after losing their loved one
Florida law addresses these different types of suffering through two separate legal actions: wrongful death claims and survival actions. Understanding how each works helps families pursue the full compensation they deserve during this difficult time.
Florida’s Wrongful Death Act
Under Florida’s Wrongful Death Act (Florida Statute 768.16-768.26), certain family members can seek compensation when someone dies due to another’s negligence, recklessness, or intentional misconduct. This law establishes who can file claims and what types of compensation they may receive.
A death qualifies as “wrongful” when it results from another party’s negligent actions, breach of contract, or default that would have entitled the person to file a personal injury lawsuit had they survived. Common examples include car accidents, medical malpractice, dangerous premises conditions, and defective products.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the personal representative of the deceased person’s estate must file the wrongful death lawsuit. This representative acts on behalf of both the estate and surviving family members. The law identifies explicitly which family members may receive compensation:
- Surviving spouse
- Children (including adopted children)
- Parents
- Blood relatives or adoptive siblings who depended on the deceased for support
Types of Damages Available in Florida Wrongful Death Claims
A wrongful death claim compensates the family for their losses resulting from their loved one’s death. These damages focus on the impact the death has on survivors from now on, including emotional suffering and financial losses.
Florida law allows recovery of several types of compensation in wrongful death cases:
Economic Damages
A wrongful death claim can allow the claimant to seek compensation for tangible losses such as:
- Medical costs related to the final injury or illness
- Funeral and burial expenses
- Lost income and financial support the deceased would have provided
- Lost benefits such as health insurance or pensions
- The value of household services the deceased would have contributed
Non-Economic Damages
Eligible claimants can also seek compensation for the following intangible losses:
- The loss of companionship, protection, and guidance
- The mental pain and suffering of surviving family members
- The loss of parental companionship and guidance for minor children
- The loss of consortium for the surviving spouse
Punitive Damages
In cases involving gross negligence or intentional misconduct, courts may award punitive damages to punish the wrongdoer and deter similar conduct. However, these damages aren’t available in all cases.
Survival Actions
A survival action continues the personal injury claim the deceased could have filed had they lived. This type of claim allows recovery for the deceased’s pre-death pain and suffering, medical expenses, and lost wages from the time of injury until death.
Florida law states: “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted, and defended in the name of the person prescribed by law.” (Florida Statute § 46.021)
As such, families can pursue compensation for the pain and suffering their loved one experienced between the injury and death. A survival action essentially “survives” the person’s death, allowing family members to step into their legal shoes.
How Courts Calculate Pain and Suffering in Florida Cases
Florida courts consider several factors when determining appropriate compensation for pain and suffering, including:
- Duration of suffering – The time between injury and death
- Severity of injuries – The nature and extent of physical pain
- Consciousness level – Whether the victim remained aware of their suffering
- Medical evidence – Doctor notes and records describing the pain
- Witness testimony – Statements from medical personnel or family about observed suffering
For surviving family members, courts calculate non-economic damages based on:
- The nature and quality of the relationship with the deceased
- The age of both the deceased and survivors
- Life expectancy considerations
- The role the deceased played in the family
Unlike some states, Florida doesn’t impose a cap on pain and suffering compensation in most wrongful death cases.
Time Limits for Filing Claims
Florida imposes a strict two-year statute of limitations for filing wrongful death lawsuits. This period begins on the date of death, not the date of the incident that caused the injury. Missing this deadline typically means losing your right to seek compensation.
Because of this limited timeframe, contacting an attorney promptly after a loved one’s death allows proper time to investigate, gather evidence, and build the strongest possible case.
Seeking Justice and Support
While no amount of money can replace your loved one, a successful wrongful death claim can provide financial stability during an incredibly difficult time. It also holds negligent parties accountable, potentially preventing similar tragedies in the future.
At Jurewitz Law Group Injury & Accident Lawyers, we understand the profound impact of losing a loved one. Our Tampa wrongful death attorneys approach these sensitive cases with compassion, professionalism, and determination to secure the full compensation your family deserves. We will thoroughly investigate the circumstances surrounding your loved one’s death, consult with experts, and handle all legal aspects while you focus on healing.
If you’ve lost someone due to another’s negligence in Florida, we can explain your legal options. Contact us online or call us today at (619) 233-5020 for a free consultation about your potential wrongful death claim.
