The Florida Wrongful Death Act:
The Florida legislature has outlined specific guidelines concerning who is eligible for compensation in the event of a wrongful death. These guidelines are enumerated in the Florida Wrongful Death Act, which is outlined in Florida statutes 768.16 through 768.26.
There are very specific guidelines regarding who is eligible for compensation in the event of a wrongful death in the state of Florida. If you’re seeking specific information about who will be entitled to damages in the event of a wrongful death, you can find that in statute 768.21. It should be noted several surprising exclusions can be found within that statute.
In Some Situations, Surviving Parents and Adult Children are Excluded by Florida’s Wrongful Death Act
Adult children of a decedent are excluded from seeking damages if the decedent has a surviving spouse according to Section 3 of the Florida Wrongful Death Statute 768.21.
In Section 4 of the Wrongful Death Statute, surviving parents are excluded from seeking damages if the decedent has a surviving spouse and/or children.
There are several exclusions for cases of medical negligence as stated in Section 8 of the Wrongful Death Statute. In the case of a loss of a parent through medical negligence, adult children may not seek damages; in the case of a loss of an adult child due to medical negligence, surviving parents may not seek damages.
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