Wrongful Death in Florida

KW Economics provides wrongful death analysis for matters venued in Florida. The decedent's earnings and fringe benefits are projected over a documented worklife expectancy, reduced by the decedent's own personal consumption where the Florida measure of damages calls for it, and combined with the replacement cost of the household services the decedent would have provided. Each stream is discounted to present value, and the report keeps the components separate so counsel can include or remove any of them as Florida law requires. Plaintiff and defense.

Florida's Circuit Court is the primary trial-level forum for the personal injury, wrongful death, employment, and commercial damages claims these analyses support. Workers' compensation claims, where the dispute is over wage-loss benefits rather than tort damages, are administered by the Florida Division of Workers' Compensation. Final appeals in the Florida court system run to the Florida Supreme Court. Florida is served by 3 federal district courts, where the same analyses are offered under the federal expert-disclosure framework.

Wrongful Death in Florida

The economic loss to survivors when a wage earner or homemaker dies: the decedent's lost earnings and fringe benefits net of personal consumption, the household services the decedent would have provided, and the financial support that would have flowed to dependents. Which elements are recoverable, and whether the loss is measured to the estate or to the survivors, vary by state, so the analysis is structured to the framework counsel identifies and every assumption is stated so it can be examined.

Florida's Wrongful Death Act gives each survivor a claim for lost support and services and gives the estate a claim for the decedent's lost net accumulations, an expressly economic concept that the economist projects from the decedent's earnings, consumption, and savings pattern. Awards are reduced by collateral-source payments unless the source holds a subrogation right, recovery is barred in most negligence actions once the plaintiff is found more at fault than the defendants, and prejudgment interest is generally not awarded on personal injury or wrongful death damages. Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Florida Division of Workers' Compensation.

Wrongful death analysis for Florida matters is directed by Christopher Skerritt, M.Ed., MBA, Chief of Economic Services, who is available to testify to it.

Case Types

Wrongful Death Across Florida

Our experts serve clients throughout Florida, including the following communities.

Related Services in Florida

KW Economics offers complementary services to support your Florida cases.

Frequently asked: Wrongful Death in Florida

Does KW Economics provide wrongful death analysis in Florida?

Yes. KW Economics provides wrongful death analysis for attorneys handling matters venued in Florida, for plaintiff and defense counsel, with the analysis sized to the engagement scope and built from the records that drive the claim and from data for the Florida market rather than from national averages.

What does a Wrongful Death Economic Loss engagement look like for a case venued in Florida?

A complete engagement typically includes a records request tailored to the claim (the decedent's tax returns, pay and benefit records, and the household's composition and routine), a review of the record and the pleadings, a written statement of assumptions, a report that presents each loss component and its present value, review and rebuttal of any opposing report, and deposition and trial testimony when required. Scope and turnaround are calibrated to the case posture and the governing disclosure framework.

When is expert disclosure due for a case venued in Florida?

Expert disclosure in Florida is scheduled case by case: in the Florida trial courts by the case management or scheduling order, and in the federal district courts serving Florida by the federal expert-disclosure framework, under which the written report, the materials considered, and the testimony history are served together. KW Economics confirms the disclosure date at retention and sizes the records request and turnaround to it; counsel confirms the governing deadline for the case.

Request a consultation on Wrongful Death in Florida or call (201) 343-0700. Plaintiff and defense counsel.