No words can adequately describe the devastation of losing a child. When a child dies because of someone else's negligence—a distracted driver, a drowning at an unsupervised pool, a medical error,...
No words can adequately describe the devastation of losing a child. When a child dies because of someone else's negligence—a distracted driver, a drowning at an unsupervised pool, a medical error, a defective product—parents face grief beyond imagination combined with a burning need for accountability. Florida law provides parents with the right to pursue a wrongful death claim, seeking compensation and justice for this most terrible of losses. While no lawsuit can bring back your child, understanding your legal rights may help you find a path forward during an impossibly difficult time.
A Parent's Right to Pursue Justice
Under Florida's Wrongful Death Act, parents have specific rights when their child dies due to another's wrongful conduct. These rights recognize that parents suffer profound and permanent harm when they lose a child—harm that deserves compensation even though it can never truly be remedied.
Florida treats the wrongful death of minor children differently than adult deaths in some respects. Most notably, parents of minor children can recover for mental pain and suffering—a category of damages that adult children cannot recover for their parents' deaths unless there's no surviving spouse.
To pursue a wrongful death claim, one parent typically serves as the personal representative of the child's estate. Both parents are entitled to recover damages for their individual losses. If parents are divorced or unmarried, both retain the right to compensation, though conflicts about case handling may need resolution.
Damages Parents Can Recover
Florida law allows parents of deceased children to recover several categories of damages:
Mental pain and suffering represents the grief, sorrow, anguish, and emotional trauma of losing a child. This damage category recognizes that losing a child causes suffering that never fully heals. The law cannot eliminate this pain but can provide compensation that acknowledges its magnitude.
Loss of companionship and parental relationship compensates for the lost opportunity to raise your child, watch them grow, share experiences, and enjoy the parent-child bond. This includes lost guidance you would have provided and lost joy your child would have brought.
Loss of services and support covers contributions your child made or would have made to the family—help around the house, care for younger siblings, and ultimately support they might have provided you in old age.
Medical and funeral expenses incurred by the estate are recoverable.
Lost earnings of a minor are typically not substantial, but in cases involving older teenagers with established work history, some recovery may be available.
The Challenge of Valuing a Child's Life
Every parent knows their child's life is priceless. Yet the legal system requires placing a monetary value on the loss for purposes of compensation. This creates an inherently inadequate situation that families understandably find troubling.
The focus for child wrongful death damages is primarily non-economic—the mental anguish of the parents, the lost relationship, the destroyed future that will never be. Economic damages like lost earnings are typically minimal because children haven't yet established careers.
Juries understand this. When presented with evidence of the child's personality, talents, and potential, and the depth of the parent-child relationship, juries often award substantial damages that reflect the true magnitude of the loss—even without large economic damages to calculate.
Presenting this evidence sensitively but powerfully is crucial. Photos, videos, testimony about the child's character and activities, and testimony about the parents' grief all help the jury understand what was lost.
Common Causes of Child Wrongful Death
Children die from negligence in many tragic ways. Common scenarios leading to wrongful death claims include:
Drowning is a leading cause of death for young children in Florida. Pool owners who fail to maintain required barriers, resorts with inadequate supervision, and others who create drowning hazards may be liable.
Car accidents claim children's lives as passengers, pedestrians, and cyclists. Negligent drivers, vehicle defects, and road hazards all cause preventable deaths.
Medical malpractice during childbirth, pediatric treatment, or emergency care leads to tragic losses when healthcare providers fail to meet standards of care.
Defective products including toys, car seats, furniture, and other items designed for children sometimes cause fatal injuries when poorly designed or manufactured.
School and daycare negligence occurs when those entrusted with children's care fail their duties—inadequate supervision, failure to address hazards, or negligent transportation.
Abuse and criminal acts by caregivers, family members, or others may support wrongful death claims against both the perpetrator and entities that should have prevented the abuse.
Each type of case involves different investigation, evidence, and legal theories, but all share the common thread of a preventable death that devastating parents.
The Emotional Toll of Litigation
Pursuing a wrongful death claim while grieving a child is extraordinarily difficult. You're asked to relive the worst moments of your life, answer questions about your child and your grief, and participate in a process that feels inadequate to the magnitude of your loss.
A compassionate attorney understands this and handles the process with sensitivity. They'll shield you from unnecessary contact with defendants and insurance companies, prepare you carefully for any required testimony, respect your emotional timeline and limitations, communicate in ways that don't compound your trauma, and handle the adversarial aspects so you don't have to engage directly.
Some parents find purpose in the legal process—a way to hold someone accountable, prevent similar tragedies, and honor their child's memory through action. Others find it adds to their burden. Your attorney should respect your needs either way.
Grief counseling and support groups can help during this time. Your legal team can provide referrals and work around your healing process.
Beyond Compensation: Other Goals of Wrongful Death Cases
While compensation is the direct outcome of wrongful death litigation, many parents have additional goals that the legal process can address:
Accountability matters to grieving parents. Knowing that the responsible party faced consequences—financial and reputational—provides some sense of justice.
Answers about what happened are sometimes revealed through the litigation process. Discovery can uncover facts that explain how and why your child died.
Preventing future tragedies motivates many parents. A lawsuit that exposes dangerous practices, leads to product recalls, or prompts safety improvements means other families won't suffer the same loss.
Public acknowledgment of wrongdoing occurs when cases go to trial or settle publicly. This acknowledgment validates that what happened was wrong and shouldn't have occurred.
These non-monetary outcomes often matter as much to parents as the financial compensation. An attorney who understands these goals pursues them alongside the damages claim.
Contact Emas Law Group Today
The wrongful death of a child is a tragedy beyond measure. No legal process can heal your grief or bring back your precious child. But Florida law does provide a path to hold responsible parties accountable and obtain recognition of your devastating loss. If your child died due to someone's negligence, understanding your rights is the first step toward seeking whatever justice the legal system can provide. At Emas Law Group, we handle child wrongful death cases with the utmost compassion and dedication. We understand you're facing the worst experience imaginable, and we're here to carry the legal burden so you can focus on your family and your grief. Contact us when you're ready to discuss your rights—we'll listen with empathy and advise you with care.
Frequently Asked Questions
Both parents want to be involved in the lawsuit. Is that possible?
Yes. Only one parent serves as personal representative (who files the suit), but both parents are entitled to recover their individual damages. Parents typically coordinate their claims, though conflicts can be resolved by the court if necessary.
How are damages calculated when a child had no earnings?
Child wrongful death damages focus primarily on non-economic losses—parents' mental anguish, loss of companionship, and loss of the parent-child relationship. These can be substantial even without significant economic damages.
What if my child died at daycare or school?
Childcare facilities and schools owe duties of care to children in their supervision. If negligence—inadequate supervision, failure to address hazards, negligent hiring—caused or contributed to your child's death, the facility may be liable.
How long do we have to file a wrongful death claim for our child?
Florida's statute of limitations is two years from the date of death. However, acting sooner preserves evidence and allows a thorough investigation. Consult an attorney when you're emotionally ready to discuss your rights.