All: Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In addition, medical or funeral expenses due to the decedent’s injury or death may be recovered by the survivor who has paid them. In addition to the aforementioned compensatory damages, a court may also choose to impose punitive damages. Punitive damages are appropriate in situations where a party’s intentional, reckless, or grossly negligent actions result in a wrongful death. These damages serve to punish the offending party, as well as discourage others from behaving similarly in the future.

The court will consider a number of factors when determining the amount of damages to be awarded to the survivors of the deceased. These factors include the relationship between the survivor and the deceased; the amount of the deceased’s net income available to the survivor; the replacement value of the deceased’s services; and the life expectancy of all parties. As described below, an individual’s relationship to the decedent may entitle them to certain benefits.

When the loss of a loved one also involves the loss of an income earner to the family, the loss is even more devastating. Florida law allows for the survivors to recover the “Net accumulations.” This means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. Florida law also allows the recovery of “Net business or salary income.” This is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.