What types of damages are awarded to survivors in a wrongful death case in Florida?

Gainesville, FL—When an individual suffers fatal injuries in an accident that is caused by someone else’s negligent behavior, the people they leave behind (i.e. children, spouse, etc.) are considered “survivors.” These survivors may be entitled to recover damages (i.e. financial relief) if they can prove the decedent’s death was the outcome of a preventable accident and that they should be provided with compensation to make up for their loss.


Who is entitled to what in a wrongful death case?


If one or more survivors have a valid reason for bringing a wrongful death lawsuit against a negligent party, they may be entitled to the following damages1:

  • Lost support and services from the date of the decedent’s injury to his or her death.
  • Future loss of support and services.


When determining how much a survivor is entitled to for the following damages, their relationship to the decedent will be considered. In addition, the “decedent’s probable net income available for distribution to the particular survivor and the replacement value of the decedent’s services” will also be taken into account.


Surviving Spouses


If an individual’s spouse was fatally injured in an accident and they bring a wrongful death claim against the party responsible for their death, they might also be entitled to recover compensation for the following:

  • Loss of companionship and protection.
  • Mental pain and suffering.


Minor Children


If the decedent left behind minor children, they may also be entitled to recover compensation for the following:

  • Loss of parental companionship, instruction, and guidance.
  • Mental pain and suffering.


Losing a loved one to an unexpected accident is difficult enough to deal with, but having to learn how to navigate the legal system in order to obtain justice on their behalf is a challenge many aren’t prepared to take on. The fact is, filing a wrongful death lawsuit takes time and patience, and a firm understanding of Florida’s wrongful death laws.

Rather than take on the challenge of filing a wrongful death lawsuit on their own, surviving family members are instead, encouraged to contact a Gainesville, FL wrongful death lawyer for help.


Koberlein Law Offices is Here to Help During This Time of Need


If one or more surviving family members are looking to file a wrongful death lawsuit on behalf of their loved one and would like legal assistance, the Gainesville wrongful death attorneys at Koberlein Law Offices are eager to help.

The attorneys at Koberlein Law Offices have more than 70 years of combined legal experience and are more than qualified to help one or more surviving family members recognize a negligent party for their careless actions.


Koberlein Law Offices can be reached at any of their office locations listed down below:


855 SW Baya Drive

Lake City, FL 32025

Phone: 386-269-9802

Website: www.klo-attorneys.com


118 Ohio Avenue N, Suite A

Live Oak, FL 32064

Phone: 386-516-2626


8443 SW 14 Lane

Gainesville, FL 32607

Phone: 352-519-4357



  1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html