Wrongful Deaths Involving Children and the Elderly

Under Florida law, the amount recovered in a wrongful death claim depends on the loss suffered by the survivors. Suvivors may recover for their own mental pain and suffering and for their own (pecuniary) financial losses.

Many people inquire about wrongful death actions for unborn fetuses. States vary on whether someone may bring a wrongful death action when an unborn fetus dies. Many states require that a child be born alive for its death to constitute the first element of a wrongful death action. Thus, the death of a fetus is frequently not actionable, although technically, the parents' may sue for their emotional injury from losing the fetus. However, an attorney should advise you as to whether you can sue for the wrongful death of an unborn fetus in your state.

Modest awards for the deaths of elderly people are due to several factors. First, it is often assumed that someone past the age of retirement no longer has significant earning potential. Second, the children of elderly people are usually adults who no longer need the same guidance, support, or nurturing of their parents as they did as children. Seeking the professional assistance of an attorney with vast experience in handling wrongful death matters will help you determine whether you are able to bring a wrongful death action based on the death of a child or an elderly person, and help estimate the damages to which you might be entitled.

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