Written By: Lenorae C. Atter
Attorney at Law
Accidents with resulting injuries seem to happen on a daily basis in Northeast Florida which includes Jacksonville, Orange Park, and Amelia Island. Jacksonville sees its fair share of accidents, but who really suffers the injuries? Often we look at the victim of the car accident as the one that took on the bruises or physical injuries, but what about their children and/or the spouse of the injury victim?
In Florida, Statute 768.0415 recognizes liability for an injury to a person that is the biological or adoptive parent of a minor or dependent child should not solely rest with the damages suffered by the injured victim, but with the minor child of the victim as well.
The idea is that the injury to a parent has a negative result on the dependent child as well. If the physical injuries result in permanent injury or permanent disability, then the child is left with damages for the loss of services, such as cooking dinner; comfort, knowing that their parent is healthy; companionship, especially if the parent is rendered nonvocal or unresponsive; and loss of society, since so much of youth is spent with family friends.
These items can be difficult to value or put a monetary figure to because these damages are not based on a formula, calculation or any type of blue book estimation or analysis. Injuries and their results are real to everyone in the victim’s life and a child should be compensated for such losses.
A Florida personal injury attorney will be able evaluate the facts of a case and help put better monetary measurements on the losses and damages suffered by the children. The loss is directly related to the severity of the injuries and how both the parent and child are able to handle the transition. It is advisable to consult with a Florida attorney about your options if you or a family member suffer personal injuries as a result of an automobile accident or other negligent act.