This article attempts to explain the factors that influence the amount that families of deceased accident victims can recover in a Florida wrongful death medical malpractice settlement.
When a loved one passes away due to medical malpractice, surviving family members could have the legal right to bring a claim against the responsible parties. Understandably, prospective clients want to know the average compensation for wrongful death medical malpractice settlements.
Unfortunately, there is no average settlement amount for wrongful death medical malpractice. Every case is different, and therefore, each settlement or jury award will differ.
At Abrahamson & Uiterwyk, we have decades of experience with Florida medical malpractice and wrongful death cases.
We can review the facts of your case and advise you on what the potential settlement value is. Contact us today to schedule a consultation at one of our offices in Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland.
Factors that Impact Florida Medical Malpractice Wrongful Death Settlements
As we mentioned, every Florida wrongful death case is different, and the value will vary based on the individual circumstances of your case. It’s essential to understand what factors impact a medical malpractice wrongful death case. Some of these factors include:
- Funeral and burial expenses;
- Medical expenses if paid by a survivor;
- Age and health of the victim and how long their life expectancy was;
- Who is at fault;
- The circumstances of the case;
- Financial support surviving family members would’ve received from the deceased; and
- Whether the deceased left behind dependents.
No two cases settle for the exact amount, even if they have similar facts. Your potential settlement also depends on the skill of your legal team. You need an experienced medical malpractice attorney in Florida who has the skills and resources available to pursue a medical malpractice claim, which may require going to trial.
Hospitals and doctors will vigorously fight these cases to avoid paying out and risking damage to their reputations. While many cases resolve out of court, we must be prepared for the possibility that your case may be the one that goes to trial.
If you don’t retain a law firm from the start that has the resources to handle your case through trial, you will need to find a new firm that does. That means your new firm will need time to get up to speed on your case. The longer it is, the greater the chance is that evidence may be lost or harder to obtain.
Who Can Present a Wrongful Death Claim in Florida?
In Florida, a personal representative of the estate must file a wrongful death claim. They will be responsible for collecting compensation on behalf of eligible family members. Florida has specifically designated who is qualified to collect damages in a medical malpractice wrongful death claim. Family members are:
- The spouse;
- Children who are 25 years old or younger;
- Adult children who are dependent on the deceased for financial support; and
- Parents, if their child was 25 years old or younger.
Unfortunately, if a family member falls into any other category than these four, there is no viable claim under Florida’s medical malpractice wrongful death law. Many people are shocked to find out they don’t have a right to recovery in a wrongful death case if it involves medical malpractice due to Florida’s narrow definition of qualified survivors.
Why Hire a Florida Wrongful Death Medical Malpractice Attorney?
Wrongful death claims are complicated to resolve, but they are even more complex when they involve medical malpractice. You don’t want to go up against the hospital, medical facilities, doctors, etc., on your own. They have skilled legal teams working for them that will do whatever is necessary to keep from paying out any compensation.
When you retain Abrahamson & Uiterwyk to represent you, we will review your circumstances to determine whether you have a claim for wrongful death involving medical malpractice.
If you do, we will immediately commence an independent investigation to preserve all available evidence. In addition, we will request medical records and reports on your family member’s treatment.
In some cases, it may be necessary to retain industry experts. We might need another doctor in the same medical field who can review the case and testify as to whether they believe the defendants were medically negligent.
We may need specialists who can quantify your family’s financial losses and the future support you are losing now that your family member has passed away.
Given the complex nature of Florida’s laws surrounding wrongful death claims when medical malpractice is involved, you need an attorney who understands the nuances of the rules.
We know how frustrating it can be to find out that no surviving family members qualify to bring a claim. Let us review the facts of your case and advise you who has the legal standing to bring a wrongful death claim.
Let us put our decades of experience to work for you and help your family hold the medical professionals responsible for your family member’s death accountable.
Please schedule a consultation today at our Tampa, St. Petersburg, Clearwater, New Port Richey, Spring Hill, or Lakeland offices to learn more about how we can assist you.