In a recent incident in Florida that is unfortunately not that unusual, a drunk driver claimed the lives of four family members ranging in age from 19 to 51. The driver responsible for the horrific accident has been charged with four counts of manslaughter. Under such circumstances, the families of the decedents can look to the wrongful death statutes in Florida to compensate for their unimaginable loss.
A wrongful death action is one in which the negligent or intentional behavior of an individual or legal entity has led to the death of an individual who was otherwise engaged in lawful or reasonable conduct. Driving while under the influence of alcohol or drugs that impairs your ability to make reasonable judgments certainly is neither reasonable nor lawful conduct.
The eligible surviving heirs are entitled to damages in such claims for funeral and burial expenses and any medical costs incurred if the decedent was cared for before his or her demise. If the decedent did survive after the accident, the heirs can also collect for any pain and suffering that the victim sustained before passing away.
Through an expert such as an economist, who is able to calculate the value of certain damages, the surviving heirs can collect what the decedent would have earned during his or her normal life expectancy in present dollar terms. This would include the value of any benefits he or she would have earned as well, such as a retirement plan or medical benefits. For a nonworking spouse, the expert can calculate the reasonable value of his or her work caring for children and performing normal household chores or duties.
The surviving heirs are also entitled to recover for the loss of companionship of their parent or spouse. Testimony regarding the good character of the decedent is typically given, including the time he or she spent with the children, their love and affection, and particular instances that convey the unique character of the deceased.
If the actions of the liable party were particularly egregious, then the heirs might be entitled to recover punitive or exemplary damages. Driving while under the influence may qualify as egregious conduct, especially if the blood alcohol content of the driver was well over the legal limit and he or she exhibited reckless conduct in causing the fatal accident. The value of the punitive award is measured by the financial status of the liable party.
