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Wrongful Death In The Case Of A Child


No amount of money will ever make up for the loss of a loved one. However, a wrongful death claim can help families pursue justice and get the financial support they need to move forward. In wrongful death cases, damages are awarded based on the victim’s earning potential and contribution to the family. In the case of a child, these things cannot easily be measured. Courts have a system of guidelines they use. Here is an explanation of how damages may be determined after the loss of a child.

What Is A Wrongful Death Claim?

First, you must understand what is a wrongful death claim. Wrongful death is a legal term for a civil action taken against a party for causing a death. Wrongful death claims can be made after the negligence or misconduct of another party caused a death. This includes both accidental death and deliberate death. Wrongful death claims can be pursued in tandem with criminal charges. Wrongful death uses a lower standard of proof than criminal cases. So they can also be pursued when criminal action has found the other party not guilty. Wrongful death can also be pursued when there is no crime.

Who Can File A Wrongful Death Suit In Florida?

In the state of Florida, a wrongful death claim can be made by the immediate family. In the case of children, it is most often the parents that file the claim. However, it can be siblings, grandparents, and guardians. The claim will be brought by a personal representative of the family member. When damages are awarded, they go to the estate of the deceased person and can be distributed to one or more family members.

How Wrongful Death Damages Are Determined For Children

Since children are usually not earning or contributing to the family financially, it is a challenge for courts to determine damages. However, there are some things they use to estimate damages when a child’s life is lost:

● The age, life expectancy, health, and habits of the child
● The age, life expectancy, health, and habits of the parties filing the wrongful death claim
● The relationship to those filing the wrongful death claim
● The child’s future earning potential
● The circumstances of the loss
● The financial burden of the loss

A lot of these measures are speculative. However, typically a jury will use a work-life expectancy table as a starting point for calculations. Since damages are very hard to calculate in the case of a child’ wrongful death, it is very important you hire an experienced attorney. They will make sure that all the financial factors are being considered during the estimated.

How A Wrongful Death Attorney Can Help

Wrongful death cases are legally complex no matter the victim. They are especially difficult when a child’s life has been lost. A knowledgeable wrongful death attorney can help navigate these laws and seek fair remittance. A wrongful death attorney will also help by relieving the family of the burden of dealing with the insurance companies, other parties, and mountains of paperwork around a wrongful death case. When you hire a wrongful death attorney, they handle everything so your family can focus on healing.

Determining damages after the loss of a child is difficult. However, the knowledgeable attorneys at , Goldman, Babboni, Fernandez, and Walsh. Together, we have over a century of experience getting justice for the families of wrongful death victims in Florida. We understand how difficult this time can be and work diligently to help relieve you of the burden. We will fight for the rights of your lost child and will help you get a fair settlement to relieve your financial burdens.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Wrongful Death In The Case Of A Child

Goldman Babboni Fernandez
Murphy & Walsh




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