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When a loved one is lost due to the negligence or misconduct of another, families seek justice and compensation, not only for their loss but also for the suffering endured by their loved one before death. This compensation is often pursued through claims for “conscious pain and suffering.” However, the recognition and compensation for conscious pain and suffering in wrongful death lawsuits vary significantly from state to state, with Florida standing out for its unique stance.
Keep reading for more from our Orlando wrongful death lawyers, then call (407) 244-3000 to schedule a free consultation.
Conscious pain and suffering refers to the physical pain and emotional distress a person endures between the onset of injury and the time of death. Legally, it encompasses the agony and awareness of impending death experienced by the deceased. This aspect of legal claims is designed to compensate for the direct suffering of the victim before they passed away.
In most states, claims for conscious pain and suffering are included within the scope of wrongful death statutes. These claims can significantly increase the compensation awarded in a wrongful death lawsuit, as they directly address the decedent’s suffering. However, Florida law presents a notable exception.
Under Florida’s Wrongful Death Act (Florida Statutes § 768.21), the estate can recover for lost support and services, medical and funeral expenses, and loss of companionship and protection provided to certain family members as defined by statute (often referred to as “statutory survivors”). However, what makes Florida distinct is that it does not allow the estate to claim damages for the decedent’s pain and suffering in most wrongful death cases.
Florida’s position is rooted in its legislative history and court interpretations. The state’s Wrongful Death Act focuses primarily on the impact of the decedent’s death on survivors and the estate rather than on the decedent’s experience before death.
The exclusion of conscious pain and suffering in Florida’s wrongful death claims often results in lower total compensation compared to other states that recognize these damages. This can be particularly challenging for families who feel that the legal system does not fully acknowledge the full extent of their loved one’s final suffering.
The unique stance of Florida law has been a point of contention and calls for legal reform. Advocates argue that including conscious pain and suffering would lead to fairer compensation for the families of wrongful death victims and better align Florida’s laws with those of most other states.
For families in Florida, understanding the limitations and possibilities within the state’s legal framework is crucial. Working with experienced wrongful death attorneys, such as those specializing in Florida law, can help navigate these complex legal waters. Attorneys can provide invaluable guidance on what damages are permissible and how to present the impacts on the family and estate effectively.
If you believe your loved one suffered before their untimely death, it’s crucial to consult with an experienced wrongful death attorney who specializes in Florida law. DWK Law can offer strategic advice, help maximize the compensation you are entitled to, and advocate for justice for your loved one. Don’t let the nuances of state law prevent you from pursuing the full rights and recognition your family deserves. Reach out today and take a crucial step towards securing the justice and compensation that reflects the true extent of your loss.
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