What are the right to compensation in a Florida Wrongful Death case involving the day care center? In the State of Florida, parents rely day care centers for the care and supervision of their children during the work day. Day care centers have a duty and responsibility to provide timely and consistent supervision as well as a clean and safe environment for the children. Most day care centers do a good job of caring for the children and serve the best interess of the children at day care facility. Unfortunately, at times, children are the victims of abuse, neglect, recklessness, and/or negligence. As a result thereof, the child suffers serious personal injuries and, in some cases, death. When a child dies as a result of the negligence and/or intentional acts of the day care center, the parents have a right to pursue a wrongful death case against the child care providers in the day care center. When a child or other person dies as a result of the negligence or fault of another person, business, or government entity, the case must be pursued pursuant to be Florida Wrongful Death Act which is under Chapter 768 of the Florida Statutes. In Florida, compensation is based on the loss, pain, and suffering of the surviving parent rather then the value of human life. A judge or jury will determine the extent of damages, assuming that liability or fault can be estalished. Damages are based on the joint life expectancy of the child and the parent. In other words, a judge or jury can consider how long the parent and child would have lived together into the future. This does not mean that the parent and child would have literally lived in the same household. It is the amount of time in years that the child and parent would have been able to enjoy each other’s compansionship, guidance, and friendship.
The book titled – When a Parent’s World Goes from Full to Empty – The Wrongful Death of a Parent – What You Need to Know about The Florida Wrongful Death Act – has additional information regarding the unfortunate tragic loss of a child and how the Florida law applies to these types of legal cases. Because of the complexities of the Florida statutes and Florida wrongful death cases, it is advisable dad a the parents and guardians of the child seek out a Florida Child Injury Lawyer for advice, consultation, and legal representation on these matters. See also The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know.