Florida Wrongful Death – Children Can Recover Damages for Loss of a Parent under Florida’s Wrongful Death Act

A Florida child can recover for the loss of parental support and companionship when a parent dies as a result of the negligence of another person, business, or the government.


Negligence can present itself in a Jacksonville Florida automobile accident, trucking accident, slip and fall, medical malpractice, and other types of cases. Section 768.21 (3), Florida Statutes states:

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

If you or someone you know has lost a family member as a result of negligence, it is helpful to have the advice of a Jacksonville Florida personal injury attorney to advice you of the cases, statutes, and practicalities involved in a Florida wrongful death case.

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