How Do I Sue If My Child Dies? A Guide For Parents Filing Wrongful Death Claims in Florida

The death of a child is an unimaginable tragedy. When that loss occurs due to someone else’s negligence or misconduct, the pain is often compounded by a desire for answers and accountability. In Florida, parents have the legal right to pursue justice through a wrongful death claim. This legal process not only holds the responsible parties accountable but also provides financial relief for the devastating losses a family endures.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the profound grief families experience after losing a child. Our compassionate personal injury attorneys are here to help you navigate this difficult journey and seek justice for your loss. Contact us at 305-638-4143 or complete our online form for a free consultation. 

Understanding Wrongful Death Claims for Children in Florida

A wrongful death claim arises when someone’s negligence, recklessness, or intentional actions cause the death of another person. In Florida, these claims are governed by Florida Statutes § 768.16–768.26, also known as the Florida Wrongful Death Act.

When a child passes away due to wrongful actions, eligible family members, typically the child’s parents or legal guardians, can file a wrongful death claim.

What Damages Can Parents Recover?

Parents of a deceased child may recover both economic and non-economic damages, such as:

• Medical Expenses: Costs incurred before the child’s death, including hospital stays and treatments.
• Funeral and Burial Costs: Expenses related to laying your child to rest.
• Mental Pain and Suffering: Compensation for the profound emotional anguish caused by the loss.
• Loss of Companionship: The emotional impact of losing the love, guidance, and support of a child.

How Do I File a Wrongful Death Claim for My Child in Florida?

Filing a wrongful death claim involves several steps:

1. Appointing a Personal Representative: A wrongful death claim is filed by the personal representative of the child’s estate on behalf of the parents.
2. Gathering Evidence: This includes medical records, witness statements, accident reports, and other documentation to prove negligence or misconduct.
3. Filing the Lawsuit: A claim must be filed within two years of the date of death under Florida’s statute of limitations (Florida Statutes § 95.11(4)(d)).
4. Negotiating or Litigating: The claim may be resolved through a settlement or proceed to trial if necessary.

Common Incidents Leading to Wrongful Death Claims

The tragic and preventable death of a child can arise from various incidents. Some of the most common scenarios include:

Motor Vehicle Accidents

• Car Accidents: Often caused by reckless or distracted drivers, including speeding, drunk driving, or failure to obey traffic laws.
• Pedestrian Accidents: Children are vulnerable when walking to school, playing outside, or crossing streets, especially in areas without proper crosswalks or traffic signals.
• Bicycle Accidents: Collisions involving bicycles and motor vehicles, often due to drivers failing to notice or yield to young riders.
• School Bus Accidents: Negligent drivers or improper maintenance of school buses can lead to fatal crashes.

Medical Malpractice

• Misdiagnosis or Delayed Diagnosis: Failing to diagnose conditions like infections or congenital disorders in a timely manner.
• Surgical Errors: Mistakes during procedures, such as anesthesia errors or improper surgical techniques.
• Birth Injuries: Negligence during labor and delivery, leading to fatal injuries for the baby.
• Medication Errors: Administering the wrong drug or dosage can have devastating consequences for children.

Drowning Accidents

• Unsecured Pools: Children often drown in private or public pools without proper fencing, covers, or lifeguard supervision.
• Boating Accidents: Lack of life jackets, operator negligence, or unsafe watercraft can lead to fatal incidents on Florida’s waterways.
• Bathtub Drowning: Young children can drown in as little as an inch of water when left unattended.

Defective Products

• Dangerous Toys: Toys with choking hazards, sharp edges, or toxic materials can cause fatal injuries.
• Car Seats and Strollers: Defects in design or manufacturing can fail to protect children in crashes or daily use.
• Household Appliances: Items like space heaters, cribs, or high chairs with design flaws can pose fatal risks.

Premises Liability

• Unsafe Playgrounds: Poorly maintained or improperly designed playground equipment can lead to deadly accidents.
• Slip and Fall Accidents: Hazards such as wet floors, uneven surfaces, or exposed wiring can result in fatal injuries.
• Unsecured Windows and Balconies: Falls from heights due to inadequate safety measures are a common cause of fatal injuries.

Acts of Violence

• Criminal Behavior: Incidents such as shootings, domestic violence, or intentional harm by caregivers or others.
• Neglect and Abuse: Physical, emotional, or sexual abuse that leads to a child’s death.
• Bullying and Hazing: Extreme cases of bullying or hazing can result in fatal injuries or suicide.

Other Negligent or Reckless Acts

• Dog Attacks: Fatal injuries from attacks by dangerous or improperly restrained animals.
• Sports Injuries: Inadequate supervision, defective sports equipment, or unsafe playing conditions can lead to fatal accidents.
• Poisoning: Exposure to toxic substances such as cleaning products, medications, or pesticides.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand that every case is unique and requires a thorough investigation. Our team is committed to identifying all liable parties and holding them accountable to help your family find justice and closure.

FAQs

How long do I have to file a wrongful death claim for my child in Florida?

Florida law sets a two-year statute of limitations from the date of the negligent act that causes the child’s death to file a wrongful death claim. Some exceptions may apply, so it’s important to consult a wrongful death attorney as soon as possible.

Can both parents file a wrongful death claim?

Yes, both parents may be eligible to recover damages, but the claim must be filed by the personal representative of the child’s estate. Parents can choose to be appointed co-personal representatives so that they jointly make decisions about the case. Damages are divided among eligible beneficiaries.

What if the responsible party is a government entity?

You can file a wrongful death claim against a government entity in Florida, but it’s subject to the Florida Sovereign Immunity Act (Florida Statutes § 768.28), which limits damages to $200,000 per person and $300,000 per incident.  It is possible to recover more than this amount through the claims bill process which involves the legislature passing a law specific to your case entitling you to more money.  Our attorneys can explain this process in more detail.

What is the difference between a wrongful death claim and a criminal case?

A wrongful death claim is a civil lawsuit seeking financial compensation, while a criminal case seeks to punish the wrongdoer with jail or prison time. Both can proceed independently, even if no criminal charges are filed. In a criminal case, the only parties are the State of Florida or the United States of America, and the criminal defendants.  While the victims have some rights in criminal cases, all decisions regarding prosecution are ultimately made by the government.  In a civil wrongful death case, the victims prosecute their cases through the personal representative and work directly with their lawyer to make decisions about the case. The goal of a civil case is to obtain financial compensation for the victims.

How does a lawyer get paid for a wrongful death case?

Most wrongful death attorneys, including our firm, work on a contingency fee basis, meaning there are no upfront charges to you. The attorney’s fee is a percentage of the settlement or verdict, and you only pay if your case is successful.  We will never send you a bill for our work by the hour.  We pay the costs associated with investigating and prosecuting the case.  Our goal is to make the process as stress-free as possible so that you can focus on your family.  We will focus on your case.

Free Consultation with a Florida Wrongful Death Lawyer

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we provide compassionate legal representation during the most difficult times. Here’s why families across Florida trust us:

• Exclusive Focus on Personal Injury and Wrongful Death: We specialize in these cases, ensuring deep expertise and attention to detail.
• Small Caseloads, Personalized Attention: We intentionally limit our caseloads to provide every family with individualized care and direct communication with our attorneys.
• Proven Results: We have recovered millions for families, even in the most complex cases.
• Contingency Fee Basis: You pay nothing upfront; we only get paid if we win your case.
• Compassionate Advocacy: We understand your grief and will fight tirelessly for justice on your behalf.

If your child’s death was caused by negligence or wrongdoing, let us help you seek justice. With offices in Coral Gables and Hollywood, we proudly serve families throughout Florida. We also offer virtual consultations to meet your needs wherever you are.

Call us today at 305-638-4143 or complete our online form to schedule a free consultation. Let us be your advocate in the fight for accountability and healing.