The Effect of Age and Marital Status on Florida Wrongful Death Claims

Every experienced Florida personal injury attorney knows that the value of a wrongful death claim is in part determined by the age and marital status of the deceased.

The reason age factors so heavily into wrongful death claims is because the deceased’s life expectancy is used to calculate how much income his family lost over his expected lifetime because of his death. Therefore, in cases where the deceased was relatively young, the deceased’s family lost more in potential wages.

This determination can be complicated when the deceased had yet to establish a career at the time of his death. It is much easier to predict the wages of people who have established careers and thus an established earnings history. Because of the long life expectancy of younger accident victims, carriers typically try to make a conservative prediction regarding the deceased’s earning potential than do the plaintiffs.

The deceased’s marital status is also relevant to the wrongful death claim. In most cases, only a legally married survivor can make a spousal claim for wrongful death. There are a few exceptions to this: some jurisdictions recognize common law spouses and a few even recognize same sex couples for the purposes of wrongful death recovery.

If you have lost a loved one and another party is liable, you should be entitled to compensation for your economic and emotional losses. Call today for a free initial consultation with experienced First Coast personal injury attorney John Fagan.

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