Q: What are the advantages of a structured settlement?

Structured settlements can provide: Long-term financial security through steady, predictable income; Protection against overspending or mismanaging a large lump sum; Guaranteed payments backed by an insurance company; Tax advantages — payments for personal injury or wrongful death are generally tax-free under federal law. These benefits make structured settlements especially useful in cases involving lifelong care or reduced earning capacity.

Q: What damages can be recovered in a Florida wrongful death case?

Significantly, Florida allows recovery for both economic and non-economic losses . Surviving family members may recover: Loss of financial support and services; Loss of companionship, guidance, and protection; Mental pain and suffering; Medical and funeral expenses (depending on who paid them).

Q: Do wrongful death damages go through the Estate?

No. Damages awarded for wrongful death are distributed directly to eligible survivors , not through the estate.

Q: Does Florida allow recovery for emotional suffering?

Yes. Florida law specifically allows certain survivors to recover damages for mental pain and suffering , which is often one of the most significant parts of the case.

Question 1

What is a structured judgment or structured payment?

Accepted Answer

A structured payment arrangement means compensation is paid over time in periodic payments rather than as a single lump sum. These payments are typically funded through an annuity purchased by an insurance company.

Question 2

What are the advantages of a structured settlement?

Accepted Answer

Structured settlements can provide:

Long-term financial security through steady, predictable income;
Protection against overspending or mismanaging a large lump sum;
Guaranteed payments backed by an insurance company;
Tax advantages — payments for personal injury or wrongful death are generally tax-free under federal law.

These benefits make structured settlements especially useful in cases involving lifelong care or reduced earning capacity.

Question 3

Are structured judgments mandatory in Florida?

Accepted Answer

Structured judgments are generally not mandatory in Florida. However, structured settlements are commonly used in Florida, particularly in cases involving: catastrophic injuries; birth injuries; long-term medica needs; and wrongful death claims. A structured settlement is a way of receiving compensation over time instead of in a single lump sum. Instead of one check, payments are made in scheduled installments—monthly, annually, or at specific future dates. Florida law also provides protections for recipients through the Structured Settlement Protection Act, which governs transfers of future payments and requires court oversight.

Question 4

What is a wrongful death claim in Florida?

Accepted Answer

A wrongful death claim arises when someone dies due to negligence, medical malpractice, or wrongful conduct. Under Florida law, the claim is designed to compensate surviving family members for both financial and emotional losses.

Question 5

What qualifies as wrongful death in a medical malpractice or nursing home case?

Accepted Answer

A wrongful death occurs when a patient or nursing home resident dies due to negligent medical care, neglect, abuse, or failure to follow accepted standards of care. In these cases, liability may arise from:

Misdiagnosis or delayed diagnosis;
Surgical or treatment errors;
Medication mistakes;
Nursing home neglect (falls, pressure ulcers, dehydration, infections);
Failure to monitor or respond to a medical emergency.

Florida law allows families to pursue compensation when the death was caused by substandard care that should have been prevented.

Question 6

What damages can be recovered in a Florida wrongful death case?

Accepted Answer

Significantly, Florida allows recovery for both economic and non-economic losses. Surviving family members may recover:

Loss of financial support and services;
Loss of companionship, guidance, and protection;
Mental pain and suffering;
Medical and funeral expenses (depending on who paid them).

Question 7

Do wrongful death damages go through the Estate?

Accepted Answer

No. Damages awarded for wrongful death are distributed directly to eligible survivors, not through the estate.

Question 8

Does Florida allow recovery for emotional suffering?

Accepted Answer

Yes. Florida law specifically allows certain survivors to recover damages for mental pain and suffering, which is often one of the most significant parts of the case.

Question 9

What is a survival action in Florida?

Accepted Answer

A survival action is a claim that allows the estate to pursue losses the deceased person would have recovered if they had lived. This includes claims for damages that occurred between the time of injury and death.

Question 10

What damages are recoverable in a survival action?

Accepted Answer

The Estate may recover:

Medical expenses incurred before death;
Lost wages between injury and death;
Other financial losses suffered before death.

Important: Florida law generally shifts recovery for pain and suffering away from the decedent and instead allows survivors to recover their own emotional damages in the wrongful death claim.

Question 11

Do survival action damages go through the Estate?

Accepted Answer

Yes. Any recovery from a survival action becomes part of the Estate, and is distributed according to:

The decedent’s will, or
Florida intestacy law

These funds may also be subject to creditors or liens associated with the estate.

Question 12

Who files the wrongful death lawsuit?

Accepted Answer

In Florida, only the personal representative of the estate can file the lawsuit. However, the claim is brought on behalf of surviving family members, including:

Spouse;
Children;
Parents;
Other dependent relatives.

Question 13

What should families do after a wrongful death?

Accepted Answer

If you suspect negligence caused a loved one’s death, it is important to act quickly. These cases require:

Immediate investigation
Appointment of a personal representative
Early evaluation of all available damages

Florida law also imposes a strict time limit for bringing these claims.

Question 14

What is a wrongful death claim in New York?

Accepted Answer

A wrongful death claim is a lawsuit brought when someone dies due to negligence or medical malpractice. It seeks compensation for the financial losses suffered by the family, such as lost income, services, and support.

Question 15

What damages can be recovered in a wrongful death case?

Accepted Answer

Under New York law, damages are limited to economic (pecuniary) losses, including:

Loss of financial support
Loss of household services or caregiving
Loss of parental guidance for children
Funeral and burial expenses

New York does not allow recovery for grief or emotional suffering in wrongful death claims.

Question 16

Do wrongful death damages go through the Estate?

Accepted Answer

No. Wrongful death proceeds are paid directly to family members and generally are not subject to estate debts or creditors.

Question 17

What is a survival action and what damages are recoverable?

Accepted Answer

A survival action is a separate claim that compensates for what the decedent experienced before death, including pain and suffering. This claim belongs to the Estate, not the family directly. The Estate may recover damages for:

Conscious pain and suffering
Fear of impending death
Emotional distress before death
Medical expenses incurred before death
Lost earnings between injury and death

Even a brief period of awareness prior to the decedent’s expiration may support a claim for pain and suffering.

Question 18

Does a survival action go through the Estate?

Accepted Answer

Yes. Survival action damages are considered Estate assets, which means they may be subject to:

Creditors and liens
Medicaid or Medicare reimbursement claims
Distribution under a will or intestacy law

Question 19

Who brings the wrongful death lawsuit?

Accepted Answer

The claim must be filed by the personal representative of the estate, but the compensation is for the benefit of the decedent’s distributees (family members)—not the Estate itself.

Question 20

What should families do if they suspect wrongful death?

Accepted Answer

If you believe a loved one’s death was caused by negligence, it is critical to act quickly. These cases require immediate investigation. It is critical the medical and factual evidence are preserved. At SDM Law, we handle complex wrongful death and medical malpractice cases with a trial-ready approach—maximizing every available claim to secure full financial justice for families.

Question 21

What is nursing home negligence?

Accepted Answer

Nursing home negligence occurs when a facility or its staff fails to provide reasonable care, resulting in harm to a resident. This often includes failures in supervision, hygiene, nutrition, or safety.

Question 22

What is the difference between nursing home negligence and abuse?

Accepted Answer

Negligence is a failure to provide necessary care (such as inadequate supervision resulting in a fall, unnecessary wound care and infection, or missed medication). Abuse involves intentional harm, such as physical or emotional mistreatment.

Question 23

Is nursing home negligence the same as medical malpractice?

Accepted Answer

Not always. Nursing home negligence involves failures in assessments, daily care or supervision, while medical malpractice involves professional medical errors such as misdiagnosis, delayed diagnosis or medication mistakes. However, the claims can overlap.

Question 24

What are common signs of nursing home neglect?

Accepted Answer

Warning signs may include bedsores, malnutrition, dehydration, poor hygiene, unexplained injuries, and sudden emotional or behavioral changes.

Question 25

What compensation is available in a nursing home negligence case?

Accepted Answer

Victims and families may recover damages for medical expenses, pain and suffering, and other losses depending on the facts of the case and applicable state law.

Question 26

Can I file a nursing home negligence claim?

Accepted Answer

Yes. In both New York and Florida, SDM Law can assist families to pursue claims when a nursing home’s failure to meet required care standards causes injury. Nursing facilities are statutorily required to protect the resident rights including by providing adequate and appropriate medical care, ensuring the residents are treated with dignity and respect and are free from abuse, neglect and mistreatment, and by maintaining the residents’ privacy and autonomy in care decisions.

Question 27

How do I know if I have a medical malpractice claim?

Accepted Answer

Not every bad medical outcome is malpractice. You may have a claim if a healthcare provider’s negligence caused a preventable, serious injury.

Question 28

What is the difference between a complication and malpractice?

Accepted Answer

A medical complication can occur even with proper care. Malpractice happens when a provider fails to meet the accepted standard of care and causes harm.

Question 29

Is there a fee for a medical malpractice consultation?

Accepted Answer

No. SDM Law offers a free consultation to evaluate your case and explain your legal options.

Question 30

What should I bring to a malpractice consultation?

Accepted Answer

Bring any available medical records, discharge papers, test results, provider communications, photographs, and notes. If you don’t have them, we can help you obtain them.

Question 31

What is the statute of limitations for medical malpractice?

Accepted Answer

Filing deadlines vary by state and case details. Because these time limits are strict, you should contact SDM Law as soon as possible.

Frequently
Asked Questions

Free Case Evaluation