What kind of compensation is available for a wrongful death due to a brain injury?
In the state of Florida, families of individuals who suffer wrongful death due to a brain injury may be eligible to receive compensation. If negligence is shown to be the cause of the injury, the family may be able to receive both economic and non-economic damages. Economic damages refer to the money that is necessary to cover the financial loss experienced by the family due to the death. These damages include medical expenses prior to death, funeral costs, and lost wages if the deceased was still employed. Non-economic damages address the emotional and psychological impacts of the death and include pain and suffering, loss of companionship, and loss of enjoyment of life. In addition to these two types of damages, the family may also be awarded punitive damages if the party responsible for the death was found to have acted with malice or intentional disregard for the safety of the victim. Punitive damages are designed to punish the wrongdoer and to deter similar behavior in the future. In Florida, there is a two-year statute of limitation that governs wrongful death claims. This means that the family must file a suit within two years of the date of death for their claim to be valid. Depending on the circumstances, it may be possible to extend the statute of limitations, but it is important to discuss the case with an experienced brain injury attorney as soon as possible to better understand the deadlines and legal requirements.
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