Are There Limitations or Caps to Damages That Apply to Florida Wrongful Death Cases for the Loss of a Child?

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Are there limits or caps to damages that apply to Florida Wrongful Death cases involving the death of a child? Are there limitations in place as to compensation for parents in a Florida Wrongful Death case of a child? The answer to these questions like many questions are posed to me is “it depends”. For most Florida Wrongful Death cases there are no legal or statutory limitations to recovery when a child and victim of a wrongful death. In other words, there are no limits to the amount compensation that a parent can or should be awarded for the death or loss of a child due to the negligent and careless acts of others. There are few exceptions though to this general rule. Medical malpractice cases are governed by Chapter 766 of the Florida statutes. There are some limitations in place depending on the type of malpractice and the type of medical provider involved with the care and medical treatment of child. Another type of case that is subject to limitations as to compensation in the claim stage is a case involving a Florida government entity. Chapter 768, Florida Statutes places caps or limitations on damages involving a case or claim against a government entity for the wrongful death of a child. The caps may be overridden if there is insurance in place or if a special claims bill or law is placed approving a higher award or settlment.

From a practical standpoint, consideration should be given to the amount of insurance coverage in place and the amount of assets available or place by the defendant involved in a Florida Wrongful Death case. For instance, if a child was injured as a result of the automobile accident and the at fault driver and owner only had $25,000 in coverage, there is a good chance that a settlement will be reached or paid in the amount of $25,000 – the automobile insurance policy limits. Is $25,000 adequate compensation for parent who lost a child due to the careless and negligent acts of another person? The answer to this question is Absolutely Not; however, however practical factors are typically considered in making a decision as to the settlement of case. Because Florida Wrongful Death cases and compensation for the same can can be quite complicated and difficult, it is important for parents who has lost a child due to the negligent acts of other to get advice, consultation, and legal representation from a Florida Personal Injury Attorney.

The attorneys at Wood, Atter & Wolf, P.A., a law firm based in Jacksonville and Ponte Vedra Beach, Florida, have represented injured children and their families since 1957. The personal injury lawyers at Wood, Atter & Wolf, P.A. have dedicated their careers to the protection of children and the enforcement of the rights of children and their parents when injury or death results from the negligent or careless acts of others. The book titled The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, School Injuries, Pedestrian Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury.