What Types of Insurance Cover Damages for a Florida Wrongful Death Case?


When a child dies it as a result of the careless or negligent acts of others, parents can seek damages for their loss of the child. When pursuing a Florida Wrongful Death case, there may be various forms of insurance that may be available for the parents to pursue. The available types of insurance may include the following:

Bodily Injury Insurance Coverage. A claim or case can be pursued for the bodily injury insurance benefits under a Florida automobile insurance policy. The child, who typically as a passenger in a vehicle, often times bears no responsibility or fault for the Florida automobile accident. Bodily injury insurance in Florida is optional coverage in the State of Florida. In other words, a driver / owner of a vehicle has no legal duty to maintain bodily injury insurance coverage. This coverage is available to victims who have been injured or the families of victims have died as a result of the negligent or careless driving of another person. The owner of the at fault vehicle is also liable under Florida’s Dangerous Instrumentality. The automobile insurance policy limits of a bodily injury insurance policy can be as low as $10,000 and can be in excess of a million dollars. The amount of bodily injury insurance coverage will depend on the type of policy (personal or commercial) and the premium paid by the driver of vehicle or owner of the vehicle.

Uninsured or Underinsured (UM) Motorist Insurance Coverage. An UM automobile insurance claim can be pursued by estate of the deceased child for the wrongful death of the child. UM, which stands for Uninsured or Underinsured motorist coverage, can be pursued by estate of the deceased child for a vehicle occupied by the child at the time of the accident or for a vehicle owned by a resident relative of the child. There may be more than one UM policy that applies to a particular accident. UM coverage can be pursued if it can be proved that the child was injured or died as a result of the negligence of another driver/owner who did not have bodily injury insurance or in the alternative had insufficient bodily injury coverage to compensate the estate of the deceased child for the damages associated with the accident. For instance, let’s say that the at fault driver and owner had a $10,000 bodily injury policy and the parents of the deceased child had a $100,000 uninsured motorist UM policy. If it can be shown that the child died as a result of the negligence of another person / driver, the bodily injury insurance adjuster should pay out $10,000 in bodily injury coverage. Thereafter, the uninsured or underinsured motorist insurance adjuster should pay out the the $100,000 UM coverage.

Death Benefit Coverage. Under most automobile insurance policies in the State of Florida, there is a death benefit generally in the range of $5,000 to $10,000 when a child dies as a result of automobile accident. The payment of this coverage is typically automatic if it can be shown that the child died as a result of an automobile accident regardless of who was at fault.

Homeowner’s Insurance. A claim or case can be pursued to seek compensation under a homeowner’s insurance policy if a child died as a result of the negligence of a homeowner or a resident relative of a homeowner. Unfortunately, there are many exclusions in a homeowners policy when there is an accident or injury sustained by a child. Because of this it is important to obtain legal representation from a Florida Child Injury Attorney or a Florida Personal Injury Attorney in a homeowner’s insurance claim as well as any other claims involving the death of a child.

Commercial Liability Insurance. If the child is injured as a result of negligence of a business, there is often commercial liability insurance that is available to pursue a claim by the estate of the deceased child. The parents, by and through the legal representation of a Florida Personal Injury Lawyer, have a responsibility to prove the four basic elements of a negligence case which are as follows: 1. Duty; 2. Breach of Duty; 3. Causation; and 4. Damages.

Self-Insurance. When a business is self insured, there is no insurance in place to cover the injuries or damages caused by the negligence of the business and/or its employees. If a small business has no insurance and furthermore has no assets, it may prove to be quite difficult to collect on a settlement or judgment against the small business even if a case of negligence or carelessness can be proved. For larger companies that are self insured like Wal-Mart or Disney World, the fact that the business is self-insured is not a problem because the business entity has plenty of assets and resources to pay for a settlement or judgment for damages.

It should be noted that a Florida wrongful death case has both practical legal considerations that should be the evaluated when considering the appropriate course of action. Because of the complexity of these cases it is important to retain the services of a Florida Child Injury Lawyer for advice and legal representation.

The book titled ABCs of Child Injury – Legal Rights of the Injured Child – has chapters on Automobile Accidents, School Injuries, Day Care Center Injuries, Damages / Compensation, and other topics. Get this book for free at The ABCs of Child Injury. If a child has been injured at a Florida Day Care Center, another good resource for parents seeking information and answers to some basic questions is the book titled – Florida Day Care Center Injuries – Legal Rights of the Injured Child – Building Blocks of Knowledge for Parents. Get this book for free at Florida Day Care Center Injuries.