What Is the Average Wrongful Death Settlement in Gainesville, FL?

Bill Allen | July 3, 2024 | Wrongful Death

What Is the Average Wrongful Death Settlement in Gainesville, FL?

Losing a loved one under any circumstances is a tragedy. When a death occurs because another person or entity did not fulfill their legal responsibilities, the tragedy is even greater. No amount of money can bring your loved one back, but their beneficiaries may be entitled to financial compensation through a wrongful death lawsuit. 

The chances of winning a wrongful death suit increase when you can prove that someone or some company/corporation/other entity behaved negligently and that those negligent actions were the direct cause of the person’s death. It is also necessary to prove the death resulted in specific damages. 

If these issues can be proven, the surviving family members may be offered a settlement or awarded compensation by the negligent party. 

Every case is different, and it’s difficult to make claims about the average wrongful death settlement. However, it should be noted that wrongful death cases can possibly be worth millions of dollars based on the facts and circumstances involved.

Types of Wrongful Death Cases in Florida

Wrongful death lawsuits can involve negligent (careless), reckless, or intentional behavior.

Negligence is the most common and covers several different situations. The chances of winning a wrongful death suit based on negligence are best when it can be proven that the defendant acted with a level of care that was lower than a reasonable person would exhibit. Examples of negligence might include:

According to a study published by the National Library of Medicine, medical errors are now the third leading cause of death in the United States. In 2022, Florida ranked the second highest for medical malpractice payouts, with a total of $382 million. 

Other wrongful death cases are based on intentional torts instead of negligence, such as assaults and other purposeful behavior. 

Who Can File a Wrongful Death Suit?

Wrongful death claims are civil, not criminal, lawsuits. However, in some cases, there may also be a criminal lawsuit attached if the death was a homicide. 

Wrongful death lawsuits may be filed by an individual or family against a business, company, or single person. The value of a person cannot be measured by money, but the goal of a wrongful death is to offer some compensation for the personal loss and the loss of the deceased’s income. 

Those who are eligible to make a claim include:

  • Parents or children of the deceased
  • Spouses
  • Immediate family members

Florida law requires that the person who was named in the deceased person’s will bring the case to court. If no will exists, a personal representative can act on the estate’s behalf. 

Damages That Can Be Collected in a Florida Wrongful Death Claim

Because they are civil cases, wrongful death claims are resolved strictly through financial means. The deceased person’s estate may be awarded damages, and the survivor(s) may also be awarded damages. 

In Florida, an estate can recover:

  • Medical expenses
  • Funeral expenses
  • Lost earnings
  • Loss of net accumulations, such as projected investment earnings

Survivors may be eligible to be compensated for:

  • Pain and suffering
  • Lost support
  • Loss of companionship or guidance
  • Medical expenses, if paid by a survivor
  • Funeral expenses, if paid by a survivor

There are restrictions on what adult children over the age of 25 may recover. 

Increase Your Chances of Winning a Wrongful Death Suit in Gainesville

The first step in filing a successful wrongful death lawsuit is to hire an experienced attorney. Meeting all the necessary legal requirements is difficult, if not impossible, for an average citizen. 

Keep in mind that grieving the loss of a loved one can be an emotionally and physically exhausting experience. You may not have the energy or focus to navigate the complex legal system alone. 

Quality of Evidence

Evidence is a crucial factor in every lawsuit, including one based on wrongful death. Some of the evidence that is considered includes expert opinions, medical records, and witness testimony. An attorney has the resources and experience needed to complete a thorough investigation to support your claims. 

Timely Filing

The statute of limitation for filing a wrongful death suit in Florida is two years. However, there are exceptions that can change the time limit. Speak with an attorney as soon as possible to preserve your rights. 

Effective Negotiation

Reaching a favorable settlement often relies on effective negotiation strategies. Wrongful death settlements can be complex, with many factors influencing the outcome. Negotiation can prevent the need for an emotional and costly trial while still providing a fair outcome for survivors. 

Are You Considering a Wrongful Death Suit in Gainesville?

Claims about the average wrongful death settlement are often inflated. Each case is different and must be considered on its own merits. If someone else’s negligence, criminal activity, or lack of professionalism contributed to the death of a loved one, you may be entitled to financial compensation.

Contact Our Gainesville Wrongful Death Law Firm in North Central Florida

If you need legal assistance, contact the Gainesville wrongful death lawyers at Allen Law Accident & Injury Lawyers at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258