Losing a child is one of the most devastating experiences a parent can face. In Florida, wrongful death laws allow specific family members to move forward with seeking compensation when a loved one's death was due to another persons negligence, recklessness, or intentional misconduct. However, when it comes to parents filing a wrongful death claim, eligibility and compensation vary depending on several factors, including the deceased's age and financial dependency.

Understanding Florida's Wrongful Death Act

Florida's Wrongful Death Act (Florida Statutes § 768.16 - 768.26) establishes the framework for who can file a wrongful death claim and the types of damages available. The law prioritizes the representative of the deceased person's estate to bring the lawsuit on behalf of surviving family members, including spouses, children, parents, and other dependents.

Parents of a deceased child can recover compensation in wrongful death cases, but eligibility depends on whether the child was a minor or an adult at the time of death.

Eligibility of Parents in Florida Wrongful Death Claims

1. When the Deceased is a Minor (Under 25 Years Old)

Under Florida law, parents can recover damages if their minor child (under 25) dies due to another party's negligence. Since minors are often financially dependent on their parents, the court acknowledges that their loss significantly impacts the parents emotionally and economically.

2. When the Deceased is an Adult (25 and Older)

If the deceased is an adult (25 or older), the circumstances change. Parents can only recover damages if the adult child had no surviving spouse or children. If the deceased had a spouse or dependents, they take precedence in receiving wrongful death benefits, limiting the parents' ability to claim compensation.

Florida law also imposes restrictions on non-economic damages for parents of adult children in medical malpractice cases. Unlike other wrongful death claims, parents cannot recover compensation for mental pain and suffering if their adult child dies due to medical negligence.

Types of Damages Parents Can Recover

If eligible to file a wrongful death claim, parents may receive compensation for:

• Mental Pain and Suffering: Parents of a deceased minor (or an adult with no spouse or children) can recover damages for emotional distress and grief.
• Medical and Funeral Expenses: If parents paid for their child's medical care before death or funeral expenses, they could seek reimbursement.
• Loss of Companionship and Guidance: The loss of a child can deeply impact parents, and compensation may be awarded for the loss of emotional support.

Economic vs. Non-Economic Damages

• Economic damages compensate for tangible financial losses such as funeral costs and medical bills.
• Non-economic damages cover emotional pain and suffering, which can be more challenging to quantify but are often significant in wrongful death cases.

Time Limits for Filing a Wrongful Death Claim in Florida

Florida enforces a two-year statute of limitations for wrongful death claims. Parents and other eligible family members must file their lawsuit within two years of their child's death, or they risk losing the right to seek compensation. However, there are some exceptions:

• If the death was caused by homicide or manslaughter, the statute of limitations may be extended.
• In cases involving fraud or concealment, additional time may be granted to file a claim.

Common Causes of Wrongful Death Claims in Florida

Wrongful death claims arise from various situations, including:

• Car Accidents: Florida recorded 3,738 traffic fatalities in 2022 (Florida Highway Safety and Motor Vehicles). Distracted driving, speeding, and impaired driving are common causes.
• Medical Malpractice: Medical errors contribute to thousands of deaths annually in the U.S. Florida laws, however, impose restrictions on parents seeking damages for adult children in malpractice cases.
• Workplace Accidents: Florida's industries, including construction and agriculture, pose risks of fatal accidents. Parents may be eligible to seek damages if negligence played a role.
• Defective Products: If a faulty product caused a fatality, parents may have grounds for a wrongful death lawsuit against manufacturers or sellers.
• Premises Liability Incidents: Fatal falls, drowning, or other property-related hazards can lead to wrongful death claims.

How Parents Can Strengthen a Wrongful Death Claim

To build a strong wrongful death case, parents should:

• Gather Evidence: Police reports, witness statements, medical records, and expert testimony can support claims.
• Consult an Attorney: Wrongful death cases are complex, and legal representation can help navigate Florida's laws.
• Document Financial and Emotional Losses: Keeping records of expenses and emotional impact can aid in determining fair compensation.

Conclusion

Florida law allows parents to seek wrongful death benefits, but eligibility depends on the child's age and family circumstances. While parents of minor children have broad rights to compensation, those with adult children face more restrictions, particularly in medical malpractice cases. Understanding these legal nuances and consulting with a skilled attorney can help grieving parents pursue justice and financial support.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.