How Is a Minor Child Defined Under the Florida Wrongful Death Act?

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In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child’s 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25.
The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are typically a myriad of issues to deal with when handling a Wrongful Death Case including estate matters, probate matters, insurance matters, accident investigation, medical investigation and other issues.
When a person dies as a result of the fault of negligence of another person, business entity, or government agency, the statutorily defined “survivors” of the decedent have a right to recover certain damages for their losses associated with the death of their family member. Generally, a minor child has a right to recovery for the death of a parent. Under Florida’s Wrongful Death Act pursuant to Section 768.18, Florida Statutes – Definitions, a minor child is defined as a child of the decedent under the age of 25 years old. Even though the age to vote is 18 years old and the age to drink alcohol is 21 years old, the age for “majority” for a wrongful death case is 25 years old.
When there is a death in the State of Florida, it is important to know the cause and preventability of the death. Was the death the fault of another person, business, or government entity? Could the death have been prevented? If the death resulted from the negligence or fault of another person, business, or government entity, the family of the decedent can pursue a Florida Wrongful Death case. As part of the pre-suit investigation, it is important to identify the surviving family members and make a determination as to which family members qualify as statutory survivors under the Section 768.18, Florida Statutes.

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