You might have read in recent news about the wrongful death lawsuit filed by the mother of a Florida teen who went missing at sea in 2015 with his friend. Stormy weather coupled with improper equipment on the boat are being sited in that tragic boating accident. This brought up some important facts about who can file a wrongful death lawsuit in Florida. Florida law is extremely comprehensive with regards to wrongful death lawsuits, but this particular case has us focusing on the limits on recovery by parents.
The Statutes and Limits on Recovery by Parents – Age of Child
In Florida, parents of a deceased child must be under the age of 25 when they died in order to recover for pain and suffering.
- Medical negligence is not applicable if the child died by medical malpractice
- Parents of children under the Age of 25 at the time of their death may recover for loss of funeral expenses paid by the parents, medical costs, mental pain and anguish or suffering loss of support and services and future loss of support and services. support and services.
Parents of Deceased Adult Children Over the Age of 25
Parents of children over the age of 25 may not recover for mental pain and suffering however there can be limited exceptions. An experienced wrongful death lawyer can help you determine if you have a wrongful death case in Florida should you be faced with the tragic death of an adult child.
Florida Wrongful Death Laws
Florida wrongful death laws with regards to family members are comprehensive and complex and losing a child at any age is absolutely devastating. Although a parent or relative of someone who is deceased due to another person’s negligence can never replace or recover from that loss, there are laws in place to help those who are suffering both from financial loss and mental pain and suffering.
Florida Statutes Wrongful Death 768.19
Florida Statutes section 768.19 states : Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.
source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html
History.—s. 1, ch. 72-35