1. Someone else caused the accident; and
2. Only if the deceased parent does not have a surviving spouse.
An adult child is a child that is 25 years old or older. “Minor children” are entitled to mental pain and suffering if their parent dies from an accident caused by someone else. The Florida Wrongful Death Act states that damages for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury, awardable to the decedent’s adult children are only recoverable by adult children if the decedent does not have a surviving spouse.
Remember that in order to have a case, you need to be able to collect money from the person – or company – that caused your parent’s accident. If they have no insurance, you get nothing. That is why it is so important to look hard to discover insurance information that may pay for your claim.
3 Examples to help you understand the rights of adult children under the Florida Wrongful Death Act:
Example:
John is 48 and has a father, Bill, who is 72 and married. John’s father, Bill, is killed in a car accident in Florida when a truck crashed into Bill’s car. John may not recover damages for pain and suffering arising from his father’s, Bill, death. This is because Bill was married at the time of his death. But if Bill also has a child who is under the age of 25 at the time of the death, the child – in addition to Bill’s wife – may recover damages for Bill’s death. The minor child and Bill’s wife can get damages for pain and suffering, etc., which will be reduced by Bill’s comparative fault.
Example:
John is 48 and has a father, Bill, who is 72 and single (not married). John’s father, Bill, is killed in a car accident in Florida when a truck crashed into Bill’s scar. John may recover damages for pain and suffering arising from his father’s, Bill, death. John’s damages will be reduced by Bill’s comparative fault. This is because Bill was not married at the time of his death.
Example:
John is 48 and his father Bill is riding with his mother Mary when their auto is wrecked by another car. Bill dies at the scene of the accident, and John’s mother, Mary, dies 3 days later. John can only recover damages for pain and suffering for the loss of his mother Mary. John’s damages will be reduced by Mary’s comparative fault, if any.
Check out some of the many personal injury cases in Florida that we have settled, including but not limited to car accidents, slip and falls, and cruise ships accidents. We want to represent you if you were injured in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state I may be able to represent you as well.
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