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Filing a Wrongful Death Claim for a Deceased Child in Florida
The untimely loss of a child is an unimaginable tragedy. When such a loss occurs due to the negligence, recklessness, or intentional actions of another party, Florida law allows parents and other eligible family members to seek justice through a child wrongful death lawsuit in Florida. At Paul | Knopf | Bigger, we understand the emotional and legal complexities of these cases and are here to help you secure the justice and compensation you deserve. Call us today at (800) 434-4327.
What Is a Child Wrongful Death Lawsuit in Florida?
A child wrongful death lawsuit in Florida is a legal action brought by the surviving family members of a deceased child. The purpose of this lawsuit is to hold the responsible party accountable for their actions and to recover compensation for the financial and emotional damages caused by the loss.
Under Florida’s Wrongful Death Act, certain family members have the legal right to file a claim, including parents, siblings, and other dependents of the deceased child. These lawsuits can arise from various circumstances, such as:
- Medical malpractice
- Car accidents caused by negligent drivers
- Defective products
- Unsafe premises
- Intentional harm or abuse
Who Can File a Child Wrongful Death Lawsuit in Florida?
In Florida, the personal representative of the deceased child’s estate typically files the lawsuit on behalf of the surviving family members. Parents are often the primary claimants in cases involving the wrongful death of a minor. However, if the child has no surviving parents, other family members or legal guardians may have the right to pursue a claim.
Damages Recoverable in a Child Wrongful Death Lawsuit
The emotional and financial losses associated with the death of a child are profound. While no amount of money can truly compensate for such a loss, Florida law allows families to recover damages for:
- Medical Expenses: Costs of treatment prior to the child’s passing.
- Funeral and Burial Costs: Reasonable expenses incurred for laying the child to rest.
- Loss of Companionship: Emotional support, love, and guidance lost due to the child’s death.
- Mental Pain and Suffering: Emotional anguish endured by surviving family members.
- Lost Future Earnings: If applicable, the potential financial contributions the child might have made in adulthood.
Statute of Limitations for Filing a Claim
Time is a critical factor in filing a child wrongful death lawsuit in Florida. The state’s statute of limitations for wrongful death claims is generally two years from the date of the child’s death. Missing this deadline can result in the court dismissing your case, leaving you without legal recourse.
It is vital to consult an experienced attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.
Proving Negligence in a Child Wrongful Death Lawsuit
For a successful child wrongful death lawsuit in Florida, it must be demonstrated that the defendant’s actions (or inactions) directly caused the child’s death. This involves proving four key elements:
- Duty of Care: The defendant owed a duty of care to the deceased child. For instance, a driver has a duty to operate their vehicle safely.
- Breach of Duty: The defendant violated their duty of care through negligence, recklessness, or intentional misconduct.
- Causation: The breach of duty directly caused the child’s death.
- Damages: The family suffered measurable financial and emotional losses due to the child’s death.
An experienced legal team will thoroughly investigate the circumstances of the case, gather evidence, and work with expert witnesses to build a strong claim.
How Paul | Knopf | Bigger Can Help
At Paul | Knopf | Bigger, we understand that pursuing a child wrongful death lawsuit in Florida is a deeply emotional and challenging process. Our compassionate and skilled attorneys are committed to providing you with the support, guidance, and advocacy you need during this difficult time.
Why Choose Us?
- Over 20 Years of Experience: We have extensive experience handling wrongful death cases, including those involving the loss of a child.
- Proven Track Record: We have successfully secured significant settlements and verdicts against Fortune 500 companies and major insurance carriers.
- Client-Focused Approach: We prioritize your needs and work tirelessly to achieve the best possible outcome for your case.
Our Process
When you choose Paul | Knopf | Bigger, we will:
- Conduct a comprehensive investigation into the circumstances surrounding your child’s death.
- Identify all liable parties and sources of compensation.
- Negotiate aggressively with insurance companies on your behalf.
- Litigate your case in court if a fair settlement cannot be reached.
Take Action Today
Losing a child is one of life’s most painful experiences. If your child’s death was caused by someone else’s negligence or wrongful actions, you deserve justice. At Paul | Knopf | Bigger, we are here to help you navigate the legal process with compassion and expertise.
Complete our free case evaluation form or call us today at (800) 434-4327 to speak with an experienced attorney. Let us fight for the justice and compensation your family deserves.
Sources:
- Florida Statutes: Wrongful Death Act
The Florida Wrongful Death Act outlines the legal framework, eligible claimants, and recoverable damages for wrongful death cases in Florida.
Link to Florida Statutes, Chapter 768 - National Safety Council (NSC): Leading Causes of Preventable Deaths
The NSC provides data and insights on the leading causes of accidental and preventable deaths, which are often a foundation for wrongful death lawsuits.
Link to National Safety Council Statistics - Centers for Disease Control and Prevention (CDC): Child Mortality and Injury Data
The CDC tracks child injury and mortality statistics, offering a wealth of information on common causes of child fatalities in the United States.
Link to CDC Injury and Violence Data