Average Wrongful Death Settlement in Florida (2025)

If you are in the unfortunate situation of needing to take legal action after a loved one’s death that was caused by another party’s negligent or reckless action or inaction, it is common to want to understand the average wrongful death settlement in Florida. The wrongful death lawyers at The Frank Santini Law Firm understand that wanting an estimate on your settlement amount may be helpful in financial planning, but it is important to know that an average figure may not be helpful.

Factors That Contribute to Wrongful Death Settlement Amounts

It is understandable to search for a specific monetary number that represents the average of wrongful death settlements to help build your own expectations of what your case may result in, but due to the highly individualized nature of settlements, this number may not serve as a helpful metric for you and your family.

No matter the circumstances that led to the wrongful death, whether medical malpractice, a car accident, or slip and fall, you may be able to get compensated. Settlements reflect a wide variety of tangible and intangible losses associated with a wrongful death, which are unique in each case.

Below is a list of the many factors that can influence a wrongful death settlement amount:

• Economic losses. Economic losses are often reflected in a settlement as these are the measurable financial losses that you as a family have incurred as a result of the death. This can include lost income, medical expenses, funeral and burial costs, and loss of benefits like health insurance.To maximize the economic loss compensation you can receive, it is vital to keep a detailed record and paper trail of all expenses you have suffered that are associated with the wrongful death.
• Non-economic losses. Non-economic damages are the more intangible losses that you have suffered connected to your loss, like pain and suffering, loss of companionship, and loss of parental guidance for children if they lost a parent.
• Age and life expectancy. Factors even as specific as the deceased’s age and potential lifespan can have a big influence on the settlement amount because if they were older, the settlement may be small depending on the number of anticipated years remaining that they would have lived, and larger for a younger person.
• Relationship to survivors. The relationship the claimants have with the deceased can impact the settlement amount. Higher compensation is often awarded to the spouse, children, or financial dependents of the deceased.
• Circumstances of the death. The severity and nature of the defendant’s actions that lead to the death can impact settlements. More egregious actions or inactions with clear liability can result in punitive damages.
• Court and settlement negotiations. In certain cases, the case may be settled through negotiations, and settlements that are reached out of court may resolve the case quicker but may produce lower compensation. While taking the case to court may be riskier, it may result in a higher settlement, given the decision of the judge and jury.
• State-specific laws. State-specific laws like the Florida Wrongful Death Act can impact settlement amounts as these laws can outline distribution practices, what family members are eligible for compensation, and more.

There are many factors that dictate the specific amount that individuals pursuing a wrongful death claim can retrieve, and it is helpful to do adequate research and evidence gathering to prove your position and ensure a fair result.

FAQs

How Are Wrongful Death Settlements Paid Out in Florida?

The way wrongful death settlements are paid in Florida generally depends on the specific terms agreed upon during settlement negotiations or based on how a court decision. Settlements may be paid in a lump sum or through structured payments over time, depending on the terms of the agreement. If there are any outstanding debts, these may be addressed and settled before sending the rest of the settlement to any beneficiaries.

Is There a Cap on Wrongful Death in Florida?

In Florida, the amount of compensation that can be awarded in wrongful death cases has no cap, except in very specific cases. In medical malpractice cases, non-economic damages can be limited. Families impacted by a wrongful death can try to recover compensation for their full losses, both economic and non-economic.

What Is Wrongful Death?

What may be considered a wrongful death is when a person dies because of the recklessness, negligence, or intentional actions of another party. There are key elements in each wrongful death claim, including negligence and misconduct, causation, and the legal standing of the individual seeking legal action. Wrongful death settlements may provide compensation for family members to cover expenses like medical and funeral costs and pain and suffering.

Do You Need a Lawyer in a Wrongful Death Claim?

The level of necessity in working with a lawyer in a wrongful death claim depends on the details and complexity of your case, but it is advisable, given the serious nature of this legal action. Lawyers can help you understand your legal rights and obligations while working to prove liability, which is key in receiving a settlement in a wrongful death claim. They can show the full extent of your losses to the court.

How Much Is a Wrongful Death Lawyer?

A wrongful death lawyer’s fees can vary depending on many key factors, such as their experience level and reputation, the complexity of the case, the time needed to complete the case, the specific jurisdiction, and the fee structure. It is important to understand a lawyer’s fee schedule before agreeing to work with them. You should also understand the timeline of payments so that you both avoid any misunderstandings or surprises.

Meet With a Trusted Wrongful Death Lawyer as Soon as Possible

As you seek a fair settlement that accurately covers your losses after a wrongful death, it is helpful to work with an experienced lawyer who can guide you throughout the process. Consider setting up an initial consultation with a trusted wrongful death lawyer from The Frank Santini Law Firm so they can review the details of your case and advise you on the most advantageous steps to take to get a fair result

About The Author

Frank Santini

Frank Santini, Esq., is a highly accomplished personal injury attorney and the founder of The Frank Santini Law Firm, specializing in personal injury law. A summa cum laude graduate of Stetson University College of Law, Frank is licensed in Florida and New Jersey and has earned recognition as a Rising Star" by Super Lawyers and high ratings from Martindale-Hubbell. Education: Graduated summa cum laude from Stetson University College of Law. Professional Associations: Member of The Florida Bar and the New Jersey Bar. Experience: Founder of The Frank Santini Law Firm, representing personal injury clients with dedication and expertise.

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