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.