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In Florida, the death of a parent can and does have a lifelong effect on the surviving children of the parent. It is most unfortunate and tragic when a person loses his or her life due to the neglience or fault of another person, business, and / or government entity. Florida law recognizes the rights of children born during the marriage of the right to recover damages and compensation for the loss / death of a parent. Furthermore, Florida law recognizes the right of a child born out of wedlock to the compensation / damages as well.
There are a number of complexities to Florida’s Wrongful Death act and related statutes / case law. It is often times helpful to have representation by a Florida Child Injury Lawyer when there is a wrongful death of a parent. A child has rights that should be enforced so that the child is duly compensated for his or her damages and losses.
In Greenfield v. Daniels, 51 So.3d 421 (Fla. 2010), the Supreme Court of Florida ruled that the dismissal of a child’s claim was improper because the Florida Statutes did not require a legal determination of paternity to qualify a child of the decedent to pursue a claim under Florida’s Wrongful Death act. As noted by the Supreme Court of Florida, the child could pursue a claim for the death of a parent if it is proved that the decedent recognized a responsibility to support the child.
The Greenfield case supports the position a child should have a right of recover whether the child was born during the marriage, was born out of wedlock, was deemed a child pursuant to a paternity case, or deemed a child by acknowledgement of the parent.