Florida Wrongful Death Damages Calculator

Florida places no cap on wrongful death damages — but a real statutory exclusion keeps adult children, and their parents, from recovering pain and suffering specifically when the death resulted from medical negligence.

Cited to Fla. Stat. & case law FigureMyTax Editorial Team Free · no sign-up

Estimate the wrongful death claim

Enter economic losses, pick a noneconomic severity level, and the decedent's share of fault, if any.

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Estimated total claim
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No cap, but a real medical-negligence carve-out

Under Fla. Stat. §768.21, survivors can recover lost support and services, medical and funeral expenses, and — for parents of a minor child, or other eligible survivors — mental pain and suffering. There's no overall dollar cap.

But §768.21(8) carves out a specific exclusion: adult children, and the parents of an adult child, cannot recover pain and suffering damages when the death resulted from medical negligence specifically. This exclusion doesn't apply to an ordinary (non-medical) wrongful death claim — adult children and their parents can recover in that context.

Injured in Florida?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Florida statutes and case law. Confirm how these rules apply to your specific case with a licensed Florida attorney.