The death of a child is one of the most devastating losses a family can endure. When that loss is caused by someone else’s negligence or misconduct, Florida law allows grieving parents to pursue a wrongful death claim to seek accountability, answers, and financial justice. While no lawsuit can undo the tragedy, understanding your legal options may help protect your family’s future and prevent similar harm to others.
This article explains how wrongful death claims involving children work in Florida, who may bring the claim, what damages may be available, and important deadlines parents should know.
What Is a Wrongful Death Under Florida Law?
Under Florida’s Wrongful Death Act, a wrongful death occurs when a person dies due to another party’s negligent, reckless, or intentional act. In cases involving children, wrongful death claims often arise from:
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Car, truck, or pedestrian accidents
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Medical malpractice or birth injuries
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Drowning or pool-related accidents
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Daycare or school negligence
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Defective products or unsafe premises
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Abuse or neglect in care facilities
If the child would have had a valid personal injury claim had they survived, the family may have grounds for a wrongful death lawsuit.
Who Can File a Wrongful Death Claim for a Child in Florida?
In Florida, the personal representative of the child’s estate files the wrongful death lawsuit. This is often one or both parents, but the claim is brought on behalf of the surviving parents and the estate, not individually.
Unlike adult wrongful death cases, parents have unique rights when the victim is a minor child, including broader recovery for emotional losses.
What Damages Can Parents Recover?
Florida law recognizes that the loss of a child is both emotional and financial. Depending on the circumstances, parents may be entitled to recover:
1. Mental Pain and Suffering
Parents may recover damages for:
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Mental anguish
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Emotional trauma
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Loss of companionship and guidance
These damages are often the most significant component of a child wrongful death case.
2. Medical and Funeral Expenses
Recoverable costs may include:
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Emergency medical care
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Hospital bills
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Funeral and burial expenses
3. Loss of Services and Support
Parents may recover the value of:
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The child’s companionship
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Household services
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Future contributions the child would have provided
4. Estate Damages
The child’s estate may recover:
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Lost earnings from the date of injury to death
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Other losses suffered before death
Florida law does not allow punitive damages in every case, but they may be available if the conduct was especially reckless or intentional.
Common Causes of Child Wrongful Death Claims
Many wrongful death cases involving children stem from preventable incidents, including:
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Speeding or distracted drivers in school zones
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Medical errors in hospitals or emergency rooms
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Failure to supervise children at pools or daycare facilities
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Unsafe playgrounds or defective toys
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Negligent security or premises hazards
Establishing liability often requires a detailed investigation, expert testimony, and careful preservation of evidence.
Time Limits: Florida’s Statute of Limitations
Most wrongful death claims in Florida must be filed within two years of the date of death. Certain cases—such as those involving government entities or medical malpractice—may have shorter notice requirements or additional procedural steps.
Failing to act within these deadlines can permanently bar the claim, regardless of its merits.
Why Legal Representation Matters
Wrongful death cases involving children are legally complex and emotionally overwhelming. Insurance companies and defendants may attempt to:
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Minimize the value of emotional damages
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Shift blame
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Delay the case to pressure grieving families
An experienced Florida wrongful death attorney can:
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Handle communication with insurers
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Identify all liable parties
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Work with medical, accident, or safety experts
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Pursue full and fair compensation under Florida law
Taking the First Step Toward Accountability
If your child’s death may have been preventable, seeking legal guidance does not diminish your grief—it protects your rights and honors your child’s memory. Florida law provides a pathway for parents to seek justice, accountability, and financial security during an unimaginably difficult time.
Speaking with a qualified wrongful death lawyer can help you understand your options and decide what path is right for your family.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
