Florida Child Injury Lawyer Blog

The Florida wrongful death of a child deprives a parent of the enjoyment or even the experience of many parent - child life events that take place after the child graduates from high school. A parent can be awarded damages for past pain and suffering and for future pain and suffering. The damages that form the future pain and suffering can be in the form of life events that the parent would have been able to experience after the child graduated from high school. During the duration of the parent / child relationship, high school graduation is a point in time that is a beginning sorts in the life cycle. Many important life events take place after high school graduation that could have brought much joy to a parent including:

College Years. When a child attends college, it brings with it a whole host of experiences and times together between a parent and child. The college search is often a mission shared by the parent and child. Which colleges should be visited? Which colleges should be applied to? Typically, the parent serves as a mentor, guide, and friend in helping his or her child select a college. Once the child attends college, the parent often enjoys visits, parents' weekend, football games, and other events that a parent can share with a child. Take a look at bumper and window stickers. There are thousands if not millions of stickers that state something like - Miami Hurricane Dad or Gator Mom. For those who lose a child prior to the college years, there will be no place for a bumper stick or T-Shirt like this.

College Graduation. After years of hard work and dedicated study, the time comes for a child to graduate from college. It is not only an accomplishment for the child but also for the parent who mentored the child and helped the child financially and emotionally to achieve the milestone of a college degree. There will be no photographs or videotapes of college graduation for the parent who loses a child due to the wrongful or negligent acts of others.

First Career Job. It is common to ask a person about their children. One common question involves the following: What does your son do for a living? Where does your daughter work? Seeing a child grow into a productive person in society is a wonderful thing. Whether the job is simple or brings fame and fortune matters less than the fact that the child is contributing to society and the betterment of the community. Again, one less life event that the parent will be able to see during the parent's lifetime.

Marriage. There is tradition and ceremony to most weddings. The parents of the bride and groom are an important part of the event from the planning stages to the fond farewell drive after the ceremony right through the party. It is both wonderful and amazing to see a child get married and start a new chapter in their life. When a child dies early in life, there are no wedding plans, ceremonies, or wedding bells. There is just silence and thoughts of what might have been if the child did not die so early on in life.

Grandchildren. While it is difficult to predict of a child would have been a parent him or herself, the opportunities and dreams are effectively closed down when a child dies as a result of the wrongful acts or conduct of others.

Retirement and Old Age of the Parent. In the sunset of the life of a parent, there will be times when the love, comfort, and support of the child are the strongest in the relationship between a parent and child. When a child dies due to a wrongful death incident or event, the parent then misses out on the parent / child relationship when the parent may need it the most. Typically, a parent has the knowledge and comfort of life time companionship and friendship when he or she has a child. Of course, this comfort and security of sorts are lost when the child suffers an untimely and preventable death.

Beyond high school graduation, there are many life events that a parent of a deceased child misses out on. Both the day to day joys as well as the milestone joys like weddings and graduations are lost.

The Florida wrongful death of a child is an event that can and does have a lifetime effect on parents and other family members. In Florida, a parent can be awarded damages for the mental pain and suffering associated with the death or loss of a child. Whether the cause is an automobile accident, bicycle accident, pedestrian accident, or some other cause, the case must be filed pursuant to Chapter 768, Florida Statutes which is the Florida Wrongful Death Act.

The measure of damages can involve the joint life expectancy of the parent and child. In considering the emotional damages associated with a death of a child, a jury can consider the various life events that a parent will miss during the child's lifetime which often times include the following:

First Day of School. When a child dies a very young age, a parent will miss out on the life event of the child's first day of school. This is a milestone that is important to the child and parent alike. Plans are made and anticipation is high for this special day. The importance of the day is highlighted by the bond of the parent / child. There is no first day of school when a child dies at such a young age. It is certainly a life event that can never been replaced or replicated.

First Little League Game or Recital. This is another important milestone or event that is witnessed and enjoyed by parents. Whether the child's performance is the best of the team or worst - it does not matter as the importance lies in the participation and the enjoyment of the game or the performance.

Graduation from Elementary School or Middle School. There is often times great joy and sharing at these ceremonies or times in a child's life. Moving on to the next school means that the child has accomplished a number of things and is moving on to the next challenge in life. In the audience of these events, you will see parent after parent eagerly awaiting the announcement of his or her child's name. It is quite a sad notion to think about the parent whose child's name will never been called and whose child will never graduate or grow up with the other children in the class.

Birthday Parties. This child's birthday party may be celebrated or remembered but the birthday boy or girl will not be in attendance. The child's birthday and the general time period before and after the important date can be a quite challenging time period every year for the grieving parent. Year after year, the child's birthday will come and go.

First Date . . . Prom. While the first date and prom take place in the early to mid teenage years, the parents often times are intricately involved with the planning and anticipation of these life events. The first date or prom is often a great time to take photos and help preserve memories of the special date. When a child dies before his or her teenage years, the first date / prom is an event that a parent will never see or help his or her child prepare for or anticipate.

High School Graduation. For both child and parent, the high school graduation is typically not seen as the end . . . but the beginning of young adulthood and / or further education for the child. The parent / child relationship certainly does not end at high school graduation but merely enters another great stage of the parent / child relationship. The high school graduation ceremonies filled with caps, gowns, and dreams of tomorrow are as much for the graduating child as for the parents and family. When a child dies before his or her high school graduation, the beginning of the dream of tomorrow and promises of the future never happen. There will always be the thoughts for the parent of what could have been or what may have happened.

What is a common household item that puts a child at risks for serious personal injuries in homes and day care centers? The answer to this question may not be so obvious. The answer is a "television". Yes, a television can cause serious personal injuries and, in some instances, death to a child.

Televisions, especially older model televisions, can be quite large and heavy. Many children do not recognize the danger of televisions or what could happen if the television falls off of a dresser, table, or even a wall. One curious act of a child can lead to devastating personal injuries.

The Consumer Product Safety Commission reported that more children - between 200 and 2010 - were killed in accidents involving a television than other unstable furniture or appliance items. Statistically, there were 169 deaths from falling televisions and an annual average of 13,700 personal injuries resulting from falling televisions.

Safety experts recommend that parents, business owners, and day care providers purchase straps, brackets and other safety devices be purchased concurrent with the television. The use of the television should not be initiated until proper safety measures are put in place. See Safety Tips to Secure Televisions.

Unfortunately, children are injured at day care centers and homes due to unsafe televisions or other items. When a child suffers an injury as a result of the negligence or fault of another person, business, or government entity, there are many challenges and issues facing a parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, Homeowner's Injuries, Homeowner's Insurance, Damages / Compensation, Medical Bills / Medical Treatment, and other issues. You can receive this book for free at The ABCs of Child Injury.

In Florida, children are, at times, victims of accidental shootings. Some of these unfortunate incidents result in the untimely death of the child. The Tampa Tribune and the Orlando Sentinel reported that Kaylen Torres - age 2 - was shot in the accident from a bullet from a gun that accidentally discharged in her home. The gun was mistakenly fired by a relative in another room. The bullet went through the wall and struck Kaylen in the had. She was transported to Arnold Palmer Hospital for Children in Orlando Florida where she died with her parents at her side.

It is often times the worst time in the life of a parent to bury or say goodbye to a child. It is at these times that the parents need the support of their families, neighborhood, church, and community to help them through the grieving process. No legal action - whether civil or criminal - can bring the child back to life; nevertheless, legal cases often times result from accidental shootings that involve legal representation from a Florida criminal defense attorney, State Attorney, Public Defender, and, when appropriate, a Florida Personal Injury Attorney. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know.

The accidental shooting death of a child is a life event that no parent can or should ever be prepared for. Many of these incidents, while unforeseeable, are most preventable with the practice and exercise of gun safety and proper storage of guns in the home. Florida and the United States allows individuals and homeowners to own guns. With these legal rights come the responsibility to act sensibly and in the best interest of all those who may be near a gun including children.

When a child dies as a result of a Florida accidental shooting, there are often times criminal cases and civil cases pursued. Following the shooting, police will perform a homicide investigation. The report will details the course of events leading up to the shooting and will often times contain information concerning the details of the gun, the storage of the gun, use of the gun, ownership of the gun, and what safety measures (if any) were taken to prevent the accidental shooting from taking place.

A serious, tragic automobile accident was reported in Manatee County, Florida. Brett Wagner, who was only 18 years old at the time of the crash, died as a result of head trauma from this Florida Automobile Accident. It was reported that the accident took place on State Road 64 at Rye Road. Joshua Rogers, age 18 as well, was driving the vehicle that was occupied by Brett before he was ejected.

There are often times a number of legal and insurance issues involved with a Florida Automobile Accident. This is especially true when a person dies or a person suffers serious personal injuries as a result of the automobile accident. A Florida Automobile Accident Attorney can assist the family with many of these issues.

Florida Automobile Accident cases are governed by Chapter 316, Florida Statutes (Traffic Regulations), Chapter 627, Florida Statutes (Automobile Insurance), and Chapter 768, Florida Statutes (Florida Wrongful Death Act).

A Florida Automobile Accident case requires knowledge of the above statutes. It is important for the family to be properly advised by a Florida Personal Injury Attorney regarding these statutes, available insurance, fault / liability, damages, medical bills / medical treatment, and the other issues involved with cases of this nature.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Bills / Medical Treatment, Damages / Compensation, and other issues. You can receive a free copy of this book at The ABCs of Child Injury.

The unexpected and tragic death of a child can and does have a lasting effect on the parents. One can never prepare for the tragic loss of a young child due to an automobile accident, school injury, day care center injury, swimming / drowning injury, medical malpractice, bicycle accident, pedestrian accident, or other event.

The Wrongful Death of a child is governed by Chapter 768, Florida Statutes and related case law. It is important that the statutes are followed and that cases are pursued according to the requirements and formalities of Florida. Because of this, it is important for a family to retain the services of a Florida Personal Injury Lawyer when pursuing a case for the wrongful death of a child.

These days, it is common for parents to be divorced. Following the divorce, arrangements are made for visitation and custody in Florida. In most cases, one parent has the primary residential resposibility or primary custody of the child. The other parent has visitation and typically some overnight stays as part of an agreement or court order. After a divorce, both parents still have responsibilities and bonds with the child. When a child dies as a result of the wrongful or negligent acts of another person, business, or government entity, both parents (whether married, divorced, or never married) have a right to an award of pain and suffering related damages for the loss of a child.

In McDonald v. Forman, 238 So.2d 131 (Fla. 4th D.C.A. 1970), the case involved the death of a minor child. The wrongful death of the child occurred while the parents were still married. Subsequent to the death of the child, the parents divorced. The Court ruled that both parents had a right to recover for pain and suffering damages and related compensation for the death of the child. The Fourth District Court of Appeal noted that the legal custody of the child is immaterial for purposes of qualifying a parent for wrongful death damages for the death of the child. In other words, both parents have a right to recover damages for the loss or wrongful death of the child.

In Florida, the process of approving a settlement for a minor child is governed by Section 744.3025, Florida Statutes, other statutes, and other cases. A Judge has discretion under the Florida Statutes to appoint a Guardian Ad Litem when the gross settlement exceeds $15,000 and is under $50,0000. For claims or settlements that equal or exceed $50,000, the Judge must appoint a Guardian Ad Litem to represent the child's interest and to review the fairness of the settlement to the minor child.

When a child suffers an injury as a result of an automobile accident, slip and fall, school injury, day care center injury, pedestrian accident, bicycle accident, or other cause, it is important that the rights of the child are protected and enforced to the fullest extent under Florida law. Often times, it is helpful to have the advice, consultation, and representation by a Florida Child Injury Attorney in these matters.

In most instances, the Guardian Ad Litem appointed by the Judge is a local attorney with experience in personal injury cases and / or guardianship cases. In reviewing a settlement for the minor, it is the best interests of the minor child that matters the most. A review of the settlement will involve an assessment of the liability, past medical bills, future medical bills, medical care to date, future medical care, and the permanency (if any) of the injuries.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parents Should Know - has chapters on School Injuries, Day Care Center Injuries, Automobile Accidents, Water Park and Swimming Related Injuries, Homeowner's Insurance, Damages / Compensation, Medical Bills / Treatment, and other topics. A parent or other concerned family member can get this book for free at The ABCs of Child Injury.

In Florida, a child has rights to compensation when injured as a result of the negligence or fault of another person, business entity, school, or government. A parent may also be entitled to compensation / damages when a child is injured in Florida. Florida law is spelled out on this issue in the case of United States v. Dempsy, 635 So.2d 961 (Fla. 1994). One of the central issues in the case was whether a parent under Florida law could recover damages related to the loss of the child's society and affection when the child suffered a serious personal injury but did not die as a result of the injuries.

The case law and legal precedents concerning child injuries and recoverable damages can be quite complex and confusing. Because of this, it is helpful to have the advice, consultation, and representation from the Florida Child Injury Attorney on this matters. You also can read more about child injuries and rights of recovery as well as burdens of proof in the book - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. You can receive this book for free at - The ABCs of Child Injury.

In United States v. Dempsey, the parents were awarded monetary damages / compensation for injuries to their child that resulted in lifelong, severe mental retardation. The Supreme Court of Florida noted that a parent with a child (who was wrongfully and negligently injured due to the acts of others) had a legal right in the State of Florida to recover for the permanent loss of filial consortium resulting from the child's permanent injury. What is Filial Consortium? Filial Consortium is the A child's society, affection, and companionship given to a parent. These type of damages in a Florida Child Injury Case include the loss of companionship, society, love, affection and solace.

In the Dempsey case, the mother gave birth to a child at the Eglin Air Force Base in Florida. The child had breathing difficulties after birth. The tube meant to deliver oxygen to the baby was negligently inserted. By the time the medical mistake was discovered, the baby had been deprived of oxygen for a period sufficient to cause severe mental retardation. A lawsuit was later filed against the government and an award ultimately entered in favor of the parents. The damages awarded in this case included damages for the loss of society and affection of the child. The government appealed this part of the award.

The Supreme Court of Florida supported the award to the parents for loss of society and affection. In its ruling, the Supreme Court of Florida noted that the roots or history related to these damages went back to 1926 under the Wilkie v. Roberts decision. The Wilkie decision may have limited the award to the following:

(1) The loss of the child's services and earnings, present and prospective, to the end of minority; and

(2) medical expenses in effecting or attempting to effect a cure.

Since the Wilkie decision seemed to limit the amount of recovery, further case law was developed over time to the present day so that parents can seek compensation for loss of filial consortium. See also Yordon v. Savage, 279 So.2d 844 (Fla. 1973).

It appears that the loss of a parent of filial consortium may be limited to cases where there is a significant or serious personal injury and the facts should that the nature and quality of the parents relationship with the child are significantly impacted by the injuries or damages to the child. The Dempsey case seems to be a prime example of these kind of damages since the child suffered injuries leading to mental retardation that will have a lifetime effect on both the child herself and the parents derivatively from the child's injuries.

The wrongful death of a child is an event that can and does have a lifelong effect on a grieving parent. The Florida Courts have addressed the issue of damages awardable toa parent in a number of cases.

Due to the complexities of Florida law, a parent should consult with a Florida Personal Injury Attorney regarding the various issues that arise in these kind of cases. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Swimming and Water Park Injuries, Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, Medical Treatment / Medical Care, and other topics. You can received this book for free at The ABCs of Child Injury.

In Gross Builders, Inc. v. Powell, 441 So.2d 1142 (Fla. 2nd D.C.A. 1983), a Florida wrongful death lawsuit was filed against an apartment complex where the family had resided. The Second District Court of Appeal in its opinion noted that Section 768.21, Florida Statutes, provided that each parent of a decased minor child could be awarded damages for pain and suffering. The Court also noted that a jury could consider the joint life expectancies of the child and the parents in making the decision as to the award of reasonable and appropriate damages. This case centered around the tragic death of Franz Powell, age 3. It was reported that Franz drowned in the apartment complex swimming pool. The jury returned a verdict in favor of the family. In considering and entering the verdict on this case, the Judge gave the jury instructions as to wrongful death damages and guides.

The trial judge instructed the jury that Florida's Wrongful Death Act provided that parents of a deceased minor child are entitled to recover pain and suffering related damages following the death of the child. Florida law allows a jury to consider the joint life expectancies of the parents and child to award damages. Florida law recognizes that a parent's pain and suffering associated with the loss of a child can and does extend well beyond the child's age of minority. In other words, the grief or loss of a child does not stop at the age of 18 or 21 but can and does extend to the lifetime of the parent. Had the child lived, the parent would have been able to spend and enjoy years upon years of the parent / child relationship. Tragically, these years are robbed from the parent when a negligent or careless act causes the untimely and preventable death of a child.

In Florida, children enrolled in elementary, middle, and high schools are at risks for hazing incidents. Even when a child enters and goes to college, a child is still at risks for injuries (both physical and psychological) from hazing related events and rituals.

When personal injuries result from hazing related activities, a Florida Child Injury Lawyer can represent the child in a claim or case against the school and, in some instances, the homeowner's insurance for other children involved in the bullying activities. The legal and insurance issues involving in hazing related personal injury cases can be extremely complicated. Because of this, it is often times helpful to have legal representation to enforce the rights of the child victim of bullying.

Florida enacted Section 1006.135, Florida Statutes in an effort to prevent or reduce the incidents of hazing. This Florida criminal statute makes certain hazing activities of third degree felony or a first degree misdemeanor depending on the facts of the case.

How is "Hazing" defined under Florida Law? Pursuant to Section 1006.135 (1), Florida Statutes, hazing is defined as "any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student . . . " and includes pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student. "

Many people do not like the term "hazing" but prefer to use the term "tradition", "ritual", or "fun". Whatever label or name that is applied, there should be no mistaking bad conduct that results in physical or emotional injury or harm to a child. The death of Robert Champion brought to light the dangers and evils of hazing. Robert Champion was a member of the FAMU Marching Band which is an organization that is well known throughout the country. In prior years, the FAMU Marching Band was known for his music, style, and performances. Unfortunately, with the death of Robert Champion and accounts of other hazing incident, the FAMU Band is now known for something quite different than musical performances. What has been a tradition and ritual of sorts can and does cause serious personal injuries and, in some instances death. See Final Autopsy Report of Robert Champion Details Personal Injuries of College Student.

The book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Ever Parent Should Know - has chapters on School Injuries, Day Care Center Injuries, Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

In Florida, the death of a child can and does have a life long impact on a parent. While the death of a child in some cases speaks for itself, in most cases, the relationship between the parent and child is explored to determine how close or how distant the relationship was between the parent and child. While there are no formulas per se in place to compensate a parent for the loss or death of a child in Florida, a jury can consider the quality of the relationship and the efforts put in place by the parent to care for and spend time with the child during the child's lifetime. Typically, the closer the relationship and stronger bond between parent / child result in a larger verdict or settlement in favor of the grieving parent for the untimely and wrongful death of the child. Because of the complexities of a Florida Wrongful Death case, parents should hire a Florida Personal Injury Attorney to review the facts and pursue the case / claim on behalf of the estate and parents.

In Collins v. Florida Towing Corporation Et. Al. , 262 So.2d 459 (Fla. 1st D.C.A. 1972), a lawsuit was filed against the Florida Towing Corporation and Commodores Point Terminal Corporation for the drowning death of a child. The personal representative of the estate of the minor child alleged that the Defendant was negligent by allowing a dangerous condition on the property that constituted an Attractive Nuisance or lure to children in the area. As a result of the alleged negligence or dangerous condition on the property, the plaintiff alleged that the child drowned. Thereafter, the Florida wrongful death lawsuit was filed for damages / compensation for the death of the child. In this case, the jury entered a verdict in favor of the Defendants except for a small award for funeral expenses. The Plaintiff appealed the verdict, in part, due to the admission of evidence that the father had prior to the death of the child abandoned his wife and children to live with another woman at a location that was from from the residence of the wife and children. The Plaintiff argued that the evidence was prejudicial and therefore constituted grounds for a new trial. The First District Court of Appeal ruled that the evidence was admissible and noted that the jury was entitled to know this information in making a determination as to a damage award to the Plaintiff.

In the Collins case, the jury and judge ultimately did not award any compensation for pain and suffering to the parents. In the case, there was a problem with liability as well as the damages suffered by the parent. The Collins case shows that evidence regarding the quality of the relationship as well as acts prior to the death of the child can be considered by the jury in a Florida Wrongful Death case.

In Florida and other States, parent / child relationships have their good days and bad days. There are no perfect parents out there but, in the eyes of a jury, there are probably some parents who are more deserving than other parents when entering an award for damages. The loss or death of a child can and does have a lasting effect on most every parent. Yes, there are some parents who abandon their children or never see their children, but most parents have an emotional bond of some kind with their children and deserve to be compensated when there is negligence or fault that causes the wrongful death of a child. The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Damages / Compensation, Medical Bills / Medical Treatment, Water Park and Swimming Injuries, and other topics. You can receive this book for free at The ABCs of Child Injury.

In Florida and other states, school bus drivers and school bus aides have a duty to supervise children prior to, during, and after transportation runs. Because of the risks and dangers of leaving a child unattended on a school bus or day care center bus / van, it is vital that bus drivers and aides carefully maintain check lists and follow procedures for the loading and unloading of children when transporting children to and from school day care and when transporting children on field trips.

The failure to unload children off of a school bus or day care center van puts the child in danger. Furthermore, whether there are injuries or not, the failure to unload a child from a school bus or day care center van can result in employment probation / suspension and even arrest / criminal prosecution. In Tampa (Hillsborough County), it was reported in December 2011 that a school bus driver and aide were terminated from employment when a 3 year old child was left on a school bus. The school bus aide was arrested on child neglect charges regarding the incident. It was reported that the child did not suffer physical personal injuries as a result of the incident. The child was left on the bus strapped into her seatbelt for over 5 years. See Florida School Aide Arrested After Being Left on School Bus. Since the incident happened in December 2011 and the weather was mild, no injuries resulted. If the incident had taken place during the summer months, the result may have been quite different in that the child may have been at risk for hyperthermia.

A simple checklist can avoid the oversight and neglect involved with leaving a small child unattended on a school bus or day care center van. Attendance / roll call should be consistently taken to ensure the health, safety, and welfare of children being transported by day care centers and schools. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, and other topics. You can receive a free copy of this book at The ABCs of Child Injury.

In Florida, children are victims of accidental drownings in residential pools, resort pools, hotel pools, rivers, ponds, canals, lakes, and water parks. In many of these drowning incidents, the person responsible for supervising the child fails to provide appropriate supervision. Sometimes, there is a maintenance or facility defect in the pool or at the water park. If negligence causes or significantly contributes to the Florida Wrongful death / drowning of a child, a parent can bring a wrongful death lawsuit against the responsible person and / or business. The Florida Wrongful Death of a minor child can be very complicated from a legal standpoint. There are many laws and statutes on point as well cases that deal with Florida Wrongful Death cases. A Florida Personal Injury / Florida Child Injury Lawyer can help a family through the legal issues of a wrongful death case including the setting up of an estate, reviewing insurance documents, reviewing police reports and autopsy reports, assessing liability, hiring investigators, reviewing medical records, review medical bills, pursuing a liability claim, and, when necessary, litigating the case to enforce the rights of the grieving parents to compensation for the wrongful death of the child.

Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes. In Section 768.20, Florida Statutes, the Florida Legislature designates the person who can bring a wrongful death case on behalf of a child. In this Florida Statute, the lawsuit or claim must be brought by the personal representative of the estate of the child. Even if the child died without any assets and was a minor at the time of the death, an estate must be set up through a Florida Probate Court and must appoint a personal representative to pursue the lawsuit on behalf of the estate and the statutory survivors of the child.

There was an interesting legal case a few years ago that dealt with the drowning death of a minor child. In Hudson v. Moss - 653 So.2d 1071 (Fla. 5th D.C.A. 1995), the parents of a minor child filed a lawsuit against the owners of a residential swimming pool for the drowning death of the minor child. The jury determined that the swimming pool owners were 10 % at fault and the father of the child was 90 % at fault. It appears that the mother was not present at the home at the time of the drowning so no fault was assessed against the child's mother. The jury awarded damages to each parent in the amount of $500,000 each. The mother's award was reduced by her percentage of fault. The father was awarded 100 % of his damages from the pool owners even though the pool owners were only assessed 10 % of the fault. The Fifth District Court of Appeal noted the Section 768.20, Florida Statutes provided that "a defense that would bar or reduce a survivor's recovery if he were the plaintiff may be assessed against him, but shall not affect the recovery of any other survivor." Because of this Florida Statute and the Court's legal interpretation of the same, the mother's award in this case was not affected or reduced in any way due the negligence of the father.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Water Park Injuries and Drownings, Damages / Compensation, Medical Bills / Medical Treatment and other topics. Get a free copy of this book at The ABCs of Child Injury.

In Florida and other states, parents lose a child due to the wrongful or negligent acts of another person or business. The Florida Wrongful Death of a child is a tragedy that a parent and family never recover from. A parent can never be prepared for the untimely death of a child from an automobile accident, pedestrian accident, bicycle accident, medical malpractice, or another incident. A Florida wrongful death attorney who handled child injury death matters can assist a parent through the complicated process of a Florida Wrongful death case.

A biological parent has rights to pursue damages as the result of the wrongful death of a child in the State of Florida. In some instances, the paternity or parenthood of a child had not been established prior to the death of the child. A formal marriage between the parents at the time of birth should not be and is not the legal prerequisite to bringing a wrongful death case when a child dies in the State of Florida.

In Wilcox vs. Jones - 346 So.2d 1037 (Fla. App. 1977), the issue presented before the Florida Appellate Court was whether a father (parent) of an illegitimate child may recover for the wrongful death of the illegitimate child. The Florida Court noted that a prior decision in Florida recognized the right of a mother of an illegitimate child to recover wrongful death damages for a child. The rights of the mother were clearly supported by Florida law. The Florida court noted that the natural father (biological father) is not less a parent than the natural mother (biological mother). Furthermore, it would be a violation of the equal protection clause of the State of Florida Constitution and the United States Constitution to recognize the parents differently.

The loss of a child due to a tragic but preventable incident is an event that is compensable in the State of Florida pursuant to Chapter 768 - Florida's Wrongful Death Act. Damages in the form of loss of support and services as well as pain and suffering type of damages can be pursued through the services and actions of a Florida personal injury lawyer.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment / Medical Care, Damages / Compensation, and other topics. See The ABCs of Child Injury.

In Florida and other states, children are the unfortunate victims of pedestrian / automobile accidents that cause the untimely and wrongful death of children. Wrongful death cases in Florida are governed by Chapter 768 - Florida Statutes which is titled the Florida Wrongful Death Act. It is important for drivers of motor vehicles in Florida to drive with the utmost of caution when there are children in the area. This would include school bus zones, school zones, playgrounds, and residential areas. A Florida Wrongful Death case filed due to the untimely and negligent death of a child can be very complicated. There are many issues and facts facing a parent with these Florida legal cases. A Florida Child Personal Injury Lawyer can guide, counsel, and represent parents in these legal matters. See also The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know.

In Metropolitan Dade County v. Dillon - 305 So.2d 36 (Fla. 1974), Darlene Dillon, age six, was the unfortunate and tragic victim of a Florida automobile / pedestrian accident that caused her death. The case went to a jury trial and the jury entered a verdict for compensation to the Darlene's parents. Dade County and its lawyers appealed the verdict all the way up to the Supreme Court of Florida. Florida's highest court affirmed the verdict award for the family. In this case, a garbage truck driver, who was looking in his rear view mirror observing the activities of his co-workers, ran over Darlene. It was reported that the truck had travelled 105 feet before striking the child. One of the pedestrian accident witnesses reported that Darlene's body flipped through the air "like a rag doll".

The appeal dealt with issues of liability or fault for the pedestrian / automobile accident. The Supreme Court of Florida ruled that the parents had in fact proved their case against the County for causing the accident and death of this Florida child. The record from the trial included evidence that the driver of the county garbage truck violated Dade County traffic ordinances and was being operated in an area designated for pedestrians like Darlene. While each side had presented arguments and circumstantial evidence on this and other points, the Supreme Court of Florida ruled that the jury had sufficient evidence to support the verdict.

In Florida, the general law provides that the violation of these traffic ordinances normally constitute prima facie evidence of negligence which can be overcome and challenged by other evidence. This means that the violation of the ordinances can be used as evidence of negligence or fault but does not automatically guarantee a win or victory on the case.

In the Florida, children under the age of 6 years old cannot be negligent or partially at fault as a matter of law. Children, who are 6 years old and older, can be held to be negligent. The child's age and maturity can be considered in assessing whether the child was at fault or partially at fault for the automobile accident / pedestrian accident. As noted in Swindell v. Hellkamp - 242 So.2d 708 (Fla. 1971), a child under six is conclusively presumed to be incapable of committing contributory negligence.

In Metropolitan Dade County v. Dillon, the jury determined that the 6 year old child was not at fault and the Supreme Court of Florida affirmed this verdict. The Supreme Court of Florida cited Foulk v. Perkins - (Fla. App. 1966) and noted that "Moreover, one who si not in a position to appreciate or apprehend the danger to which he is exposed can hardly be deemed guilty of contributory (comparative) negligence.

In Florida, the simple act of leaving a child in a running car can put the child at risk. In Casselberry, Florida, it was reported that a mother left her 2 year old daughter in the car while the mother went inside a dollar store. The man then drove the vehicle into a parking lot of a car dealership. Since the man was acting erratically, police were called and the man was taken under custody and later committed to a psychiatric facility. Tahe mother was issued a citation for leaving her daughter in the car. Fortunately, the child did not sustain any personal injuries and was ultimately reunited with her mother. This story shows the importance of supervision at all times possible. While it may be more inconvenient at times, always turn off the vehicle and bring the child into the store or location. Many other abducted children are not returned so quickly. Some are never found. See Police Report that Man Stole Car with Toddler Inside the Vehicle in Casselberry, Florida.

Anyone with the responsibility of watching or supervising a child should pay close attention to stories like these. News reports and simple mistakes by others can serve as great teaching tools for child care providers like parents, babysitters, teachers, school bus drivers, day care center drivers, and others. The book titled -The ABCs of Child Injuries - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Bills / Medical Treatment, and other topics. You can receive this book for free at The ABCs of Child Injury.

A family, neighborhood, and community are mourning the death of 16 year old - Alonzo Dewayne Knight. The shooting took place outside of Alonzo's home when he went outside to quiet some people who were arguing in the street. Thereafter, Alonzo was shot. The Pensacola News Journal reported that an arrest was made following the shooting. See Shooting Death of 16 Year Old Reported in Escambia County, Florida.

It is unfortunate that this young man lost his life at such a young age as a result of senseless violence. The unexpected and untimely death of a child is traumatic event that can and does affect a family for a lifetime.

The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Needs to Know - has chapters on Damages / Compensation, Medical Bills / Medical Treatment, Automobile Accidents, School Injuries, Injuries at the Home, Homeowner's Insurance, and other topics. A free book can be ordered at The ABCs of Child Injury.

The Brevard County Health Department is currently responsible for the inspection of 176 child care centers and 46 family day care centers operated out of private homes. For the past 20 years or so, Brevard County has completed these inspections and run the oversight of the child care facilities. Beginning January 1, 2012, the Florida Department of Children and Families will take over these responsibilities. Brevard County was one of only five of 67 counties in the State of Florida that completed the day care inspections. Regardless of the government entity conducting inspections, it is important for Florida day care centers to be inspected and to otherwise comply with the rules, laws, regulations, and statutes governing Florida Day Care Centers / Florida Child Care Centers. See Florida DCF to Take Over Day Care Center Inspections.

In Florida, Day Care Centers / Child Care Centers are subject to different rules and regulations. See Florida Day Care Center Rules and Regulations - Frequently Asked Questions. Unfortunately, children suffer personal injuries when regulations are violated by day care centers. When a child suffers an injury, there is questions and issued faced by the parent. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Day Care Center Injuries, School Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. To receive this book for free, go to The ABCs of Child Injury.

Mark Woods is a writer with the Jacksonville Times Union. Woods wrote an excellent and right on point editorial article titled - Message to End Hazing Way Too Late. By now, it is well known at FAMU and the rest of Florida that a band member died and the death is suspected to be related to hazing. Since the death of FAMU band member - Robert Champion - other reports and incidents have come to light in the press and media. However, it appears that the existence and knowledge of hazing in the FAMU band has been well known to band members, former band members, band officials, and, yes, the administrators at FAMU. What was done to stop the hazing? What enforcement actions were taken? How were the activities of the band monitored? Was the atmosphere and environment of hazing tolerated? As pointed out so astutely by Mark Woods in his article, the band played on even though there were reports and incidents of hazing. Rules are one thing . . . . enforcement of rules is quite another . . .
Being selected to a band, fraternity, or sports team should result from hard work and dedication. Being on the team should not be preconditioned by hazing type of activities by other teammates or members. There should be a zero tolerance to hazing as this will be the only way to end years of abuse and neglect of the student / child.

Following the recent death of Robert Champion and the recent reports of other hazing incidents, FAMU had plans to review the anti-Hazing rules in place for the university. This review has been postponed at this time. FAMU and investigators have their hands full investigating the circumstances surroundind the death of Robert Champion. Furthermore, investigators and university officials are also busy fielding other complaints and reports of hazing involving the FAMU Marching 100. Following the death of Robert Champion, it was reported by the Associated Press thatt four students were dismissed from FAMU but details were not released as the reasons or circumstances involving the dismissal of these FAMU students. See FAMU Postpones Review of Anti-Hazing Rules.

Hazing unfortunately had a tradition at FAMU. It is also seen at other college bands, teams, fraternities, and clubs. Hazing typically involving physical and mental abuse of a recruit or applicant. Good judgment is lacking in many acts of hazing and the hazing results in serious personal injury, mental anguish, and, in some cases, death.

In Florida and many other States, a doctor (including pediatricians and emergency room doctors) have a duty to report incidents or suspicions of abuse to State and / or local authorities. A study reported that 21 percent of physical injuries are consistent with abuse are not reported by health care professionals. There may be an increase in the incidents of child abuse due to the bad economy. Parents, often times stressed by the job market or mounting bills, will take out their stress on their children. Health care professionals including doctors need to be aware and trained as necessary on the signs and symptoms of abuse. It is also important for health care professional to know where and how to report incidents of abuse. See Reporting of Abuse by Health Care Professionals - Need for Better Reporting.

In Duval County, Florida, a criminal sentence was issued to Robert Allan Cowan. Mr. Cowan, age 50, was sentenced to a prison term of 140 years. Yes, that's correct, a 140 year prison term. Mr Cowan was convicted in Federal Court of having child pornography on his computer and some of the photos including those that Cowan took of a 4 year old child. The Florida Times Union reported that authorities found hundreds of photos and images of child pornography on his computer. There were even videos of children being raped. There are other charges pending against Cowan.

While the acts of Cowan are heinous enough on their own, they are even worse in light of the fact that Cowan previously worked as a Duval County School District guidance counsel and as a Nassau County School District principal. It is clear that Cowan is a person that should not have been allowed near children yet he chose a career in which he was surrounded by children on a daily basis. See Prison Term Issued to Former Guidance Counsel and Principal.

It is most unfortunate when a child is abused, neglected, or otherwise injured by the fault or negligence of another person or institution. In Florida, children have rights that should be enforced when these incidents take place. In some instances, there is a criminal prosecution. In some instances, there is a civil lawsuit filed. Sometimes both. When a child suffers a personal injury, there are often times many issues and challenges facing the injured child and the parents. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on School Injuries, Day Care Injuries, Damages / Compensation, Medical Treatment / Medical Bills, and other topics. You can receive a free book at The ABCs of Child Injury.

A Florida lawmaker (State Representative Irv Slosberg) is seeking to pass a Florida law that would ban texting while driving. Technology has made great advances over the past decade or so. We can communicate faster and better through devices like laptop computers, iPads and touchscreen devices, and, yes, smart phones like the iPhone and Droid. Unfortunately, these same devices have caused many Florida automobile accidents, Florida bicycle accidents, and Florida pedestrian accidents. Many of these accidents have resulted in serious personal injuries and deaths to children. One such victim texting while driving was James Caskey, Jr. who was riding a tricycle in North Naples when he was struck by a driver who was allegedly texting while driving. See Florida Lawmaker Looks to Ban Texting While Driving.

In Florida, drivers should do their best to limit distracted driving. Wait until you arrive at your destination to respond to that text or e mail. Waiting a few minutes to respond can save a life and avoid a serious Florida automobile accident. Florida drivers should drive with the utmost of caution and otherwise follow Florida's traffic laws and regulations and pay attention to road conditions and traffic. See Florida Traffic Statutes, Rules and Regulations - Frequently Asked Questions.

For years, the FAMU Marching Band enjoyed a reputation of performances filled with precision and wonderful music. Unfortunately, the famed FAMU Band Program is now getting press and publicity for something quite different - hazing. Since the death of Robert Champion, students, former students, and parents have stepped forward to recount incidents of hazing that resulted in both physical and emotional pain and suffering for the college student. Any form of hazing is unacceptable. In many instances, hazing is steeped in tradition, but, history and tradition do not justify abuse, neglect, and related harmful acts. See Hazing Reports and Incidents at FAMU.

When a child is injured due to abuse, neglect or hazing at a college, university, high school, middle school, elementary school, sports program, or day care center, it can and does cause long term problems for the child. It is also quite stressful for the parents trying their best to protect their children. Often times, school officials turned a blind eye to the bad conduct or otherwise fail to enforce policies and procedures in place to address and prevent acts of hazing.

In Orange County, Florida, a terrible crime was reported. Orange County Deputy Sheriff's reported that a 9 year old girl was raped by a 64 year old man at his Pine Hills apartment. The girl's family reported the rape to the sheriff's office who then proceeded to investigate the incident. The police report stated that the man (Maurice Smith) offered fruit to the girl and then invited the girl to his apartment. According to police, Mr. Smith admitted to the incident and to knowing the girl's age. Mr. Smith was charged with sexual battery and kidnapping charges. Mr. Smith will be entitled to be represented by a Florida criminal defense attorney or a Florida Assistant Public Defender.

The assault and attack on a little girl is certainly a heinous act that can and does result in serious criminal penalties and sentences. See Rape of 9 Year Old Girl Reported at Pine Hills Apartment Complex.

Many incidents of sexual assault and battery on a child go unreported. In the above case, the girl told her brother who then told his parents. Unfortunately, there are many people out there who prey on and victimize children.

In Orange County, Florida, a hearing was held to determine the fate of a German Shepherd breed dog who bit a 3 year old girl at a park. It was reported by the Orlando Sentinel that the dog bit 3 year old - Erica Leinhart - in the face. Following the dog bite incident, the Orange County Animal Service held a hearing to hear statements from the dog owner (Joseph Marcica) and the girls' parents - David and Alicia Leinhart. The father stated that the injuries to his daughter's face met the criteria as established by Florida law to meet the injury type that would justify the standard for euthansia of the dog. There were also statement presented by neighbors of the dog owner as to the prior acts of the dog. The dog owner countered with statements that the dog was not dangerous.
See Orange County Dog Bite Attack Animal Services Hearing.

With respect to the animal service hearing, a decision will be made as to the fate of the dog. Whatever decision is made, the fact remains that a child suffered a serious personal injury as a result of a dog attack in Florida. Far too often, children are the unfortunate victims of dog bite attacks. Many of these dog bite incidents are preventable.

The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Medical Treatment / Medical Bills, Homeowner's Insurance and Claims, Damages / Compensation, and other topics. To receive a free copy of this book, go to The ABCs of Child Injury.

Following the death of drum major Robert Champion, additional reports and incidents of hazing by FAMU band members have been reported. The Florida A & M Marching 100 is well known for its performances and style. Unfortunately, the FAMU Marching Band is now getting notoriety for hazing. The Tallahassee Police Department is investigating a report of battery on Bria Shante Hunter - an 18 year old student. It was reported by Atlanta's WXIA-TV that Bria had suffered a fractured thigh bone and an injured knee. See Tallahassee Florida Police Investigate Another Case of Hazing.

Membership on teams and organizations like bands, football teams, clubs, and fraternities have formal requirements like grades, background checks, etc. . . There are also "informal" requirements that are built on tradition. These "informal" requirements often times come in the form of ritualistic and systematic acts of hazing. Whether the acts of hazing come in the form of humiliation, binge drinking, physical abuse, isolation or anything else - hazing can be and is harmful to the victim. Just because something is a "tradition" of sorts does not make it right. With respect to the FAMU Marching 100, it will be interesting to see the reports of hazing that come to light in the wake of the death of Robert Champion. Policies against hazing are one thing; however, policies without consistent enforcement and oversight are worthless.

In Florida, children are the unfortunate victims of dog bite injuries. Many Florida dog bite attacks can be prevented if the owner utilizes a proper leash and otherwise maintains control of the dog. Florida law provides for Strict Liability of dog owner when there is a dog attack. In other words, in most Florida dog attack cases, the dog owner is liable even if there is no prior history of aggression by the dog. In Florida, dog ownership comes with its responsibilities. In Orlando, Florida, a 3 year old girl - Erica Leinhart - suffered serious facial injuries when she was bit by a German Shepherd breed dog. The injuries were so severe that Erica required plastic surgery. The incident took place at the Blue Jacket Park in the playground area. A day at the playground for this little girl turned into a very traumatic and painful event for her. Following the dog attack, animal control investigated the incident and will hold a hearing to determine the fate and future of the dog. The parents of Erica Leinhart believe that the dog is dangerous. The dog owner believes otherwise. The problem is that the dog already attacked one little girl. See Orlando, Florida - Girl Attacked by Dog at Park. See also Florida Leash Laws - County by County and Florida Dangerous Dog Laws - County by County.

A parent face many challenges and issues when dealing with a serious injury to a child. Florida provides for many laws and protections for children. Even with these laws in place, children are still injured. Laws are violated and children are injured. The book titled - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, School Injuries, Playground Injuries, Medical Bills / Treatment, Damages / Compensation, and other topics. A parent or other interested person can receive this book for free at The ABCs of Child Injury.

In Florida, suing a public entity like FAMU is not so simple. FAMU and other governmental entities are entitled to the protection of Florida Statutes applicable to Sovereign Immunity. Sovereign Immunity applies to government agencies including public schools and colleges. A public entity in the State of Florida can be sued and help accountable for acts of negligence and carelessness; however, any such claims and lawsuits are subject to certain notice requirements and limitations on damages as set forth in the Florida Statutes - namely Section 768.28, Florida Statutes.

The Florida A & M University may be facing a lawsuit in the future once the 6 month notice period runs. The family and its attorney alleges that the death of a band member (Robert Champion) was caused by the negligence of the school and its officials for allowing an environment of hazing to take place. An autopsy has been performed but, according to news reports to date, the autopsy results have been inconclusive. Time will tell how this legal case will be concluded. Will there be a settlement for the wrongful death of Robert Champion? Will there be a trial? What proof will be required on a case of this nature? What evidence will be obtained? Who will testify? What did the officials and band employees know about acts of Hazing? What was the exact timeline of Robert Champion's illness and ultimate death? Was the death preventable? These are all important issues and questions for a case of this nature. See FAMU Culture of Hazing - FAMU Will Be Sued for Hazing.

In Madeira Beach, Florida, a 5 year old girl (Shayna Lydick) suffered serious facial personal injuries as a result of a dog attack. The attack was reported by Bay News 9 (Pinellas County). The family of Shayna Lydick are very upset over the situation and the injuries to this Pinellas county girl. The family is also concerned about the safety of others in light of the dog attack by "Sampson". Shayna has been seen and treated by a plastic surgeon who informed the family that the injuries will be permanent in nature. See Dog Bite Attack - Madeira Beach, Florida.

In Florida, the owner of a dog is liable for injuries caused by a dog bite. Unlike some other States, there is no "one free bite" rule in Florida. In addition, a dog bite victim does not have to prove that the dog was previously known as a vicious or dangerous dog. If a dog bites a person, there is typically liability for the resulting injuries unless the dog bite victim was a trespasser or was hostile to the dog. In Florida, dog owners should maintain control of their dogs. Many dog bite incidents can be avoided with a proper collar, leash, and, yes, control by the dog owner. When a dog owner takes his or her dog out in public, there is always a risk that the dog may react to something or somebody and then bite a person. It does not necessarily mean that the dog is a "bad dog". It just means that the dog bit a person, caused injuries, and, yes, has caused a liability problem for the dog owner. See Florida Dog Leash Laws - County by County. See Florida Dangerous Dog Laws - County by County.