I Am an Adult Who Lost My Parent In a Wrongful Death Accident In Florida. I Heard That I Cannot Collect Damages Because Of My Age, Is This Right?

A: I am saddened to hear of your parent’s passing. As a South Florida wrongful death attorney, I am aware that an untimely and unnecessary death can cause you devastation that could have been preventable. Additionally, a wrongful death can leave you with many expenses.

Florida’s discriminatory Wrongful Death Act does outline the restrictions of who can and cannot collect damages in the event of a wrongful death accident.  For example, if you are under the age of 25, you may still be entitled to collect compensation for the wrongful death of your parent. However, if you are over the age of 25 and there is no spouse or no other dependent relative, then you may only be able to recover for the funeral bills and medical expenses that were caused by medical malpractice negligence. If this is the case and the death of your loved one was the result of medical malpractice, then you may only be able to bring a medical malpractice suit against the negligent party in order to recover for the medical and funeral bills.

However, if your parent died by a negligent or drunk driver, then adult children can bring a Florida wrongful death claim against the negligent driver (if there is no surviving spouse) to recover for medical expenses, funeral costs, lost income, loss of companionship, loss of parental guidance, and other damages.

Because Florida wrongful death guidelines can be complicated, it is wise to talk with an experienced South Florida wrongful death attorney to find out what type of compensation you are entitled to after a wrongful death accident claimed the life of your loved one. An attorney will help you go to court and recover the damages you deserve.

Before you decide that you do not qualify for wrongful death damages, please call the Law Offices of David Benenfeld to speak to an experienced Broward County wrongful death attorney in a free consultation at 954-677-0155.