If the parent of a minor child or an adult child is killed due to another’s negligence, they have the option of suing for their loss. If the child is a minor, the claim would have to be filed on their behalf by either the executor of the deceased parent’s estate or the surviving parent. If the minor child has lost both parents, the executor or whoever holds power of attorney can carry out the claim on behalf of the estate or the children.
Some of the compensation available in a wrongful death is to compensate the surviving family member for the loss of resources they relied upon. Generally, less compensation is provided to adult children as they don’t rely as heavily on the lost adult for financial support as a minor child would.
If, as a family member of a parent who was killed at a business, you could seek damages for that parent’s yearly income. Their income at the time of the killing would be calculated out for what should have been their expected working life. You are also able to seek damages for benefits, such as retirement savings or health insurance. These resources would have to have been lost due to your loved one’s death.
Economic damages in a wrongful death claim are intended to make sure the family’s quality of life does not suffer because of their loved one’s untimely death. Adult children and minor children’s compensation are not calculated the same for compensatory damages, as adults do not rely on their parent’s contribution as heavily as a minor child does.
A minor child is entitled to pain and suffering if they lose either parent in a wrongful death, even if there is a surviving parent. These types of lawsuits are painful for everyone involved.
A wrongful death suit for a parent who has been killed at a business, or through a workplace hazard, often has attorneys using heartbreaking videos and pictures to build a case of how the loss is going to affect the child. A strategy of this type generally results in the child receiving greater pain and suffering damage valuations.
Limitations are placed on adult children who have lost a parent in wrongful death. The claim can only be filed if the parent killed does not have a surviving spouse.
In Florida, this law means that if your mother was killed in wrongful death, but your father has survived her, it is assumed you would still have parental companionship from him. Since you still have parental companionship, the law feels you do not require compensation for pain and suffering.
Compensation for wrongful death is not a value judgment. When looking at the compensation for a person’s death who had children versus one who did not have kids, it would seem more value is placed on the parent killed. Compensation for wrongful death is not a judgment on who the person was, but rather on what their loss means or causes to surviving family members.
The Daniels Law Firm understands Florida law and we are here for you to help you understand the laws that will make sure you get the justice you deserve. We will support you every step of the way through this very emotional time and guide you in making the best decisions for your future. We know there is no compensation possible to replace your loved one, but in Florida, you do have a ‘right of action’ available to you for wrongful death. Contact us today to discover your legal options.
Millicent Daniels the Peoples Attorney