Wrongful Death of a Child



Posted: Tuesday, October 14, 2008

by
Law Office of James W. Dodson

It is hard to imagine a more painful and traumatizing loss than the death of a child. There is no greater tragedy or injustice. When such a loss was caused by negligence or the lack of care by the person responsible, justice cries out that they be held accountable. The National Institutes of Health reports that the leading cause of death of children and young adults between the ages of one and 24 years is accidents. Auto accidents account for the largest number of accidental deaths. Fatal accidents also occur when struck by a car,truck, bus or motorcycle strike children while using scooters, Razors, rollerblades, motor scooters, mopeds, Vespas or as pedestrians. Other causes of accidental death include drowning, swimming pool accidents, scalding, burns, child abuse, neglect, shaken baby syndrome, electrocution, poisoning and strangulation. When these tragedies occur, determining who was responsible and holding them accountable becomes part of the recovery process.

Florida's wrongful death statute governs claims for the loss of the child. There is a shortened period of time within which death claims must be filed. Normally within two years. The law requires that an estate be opened in the Probate Court and a personal representative be appointed by the court to pursue recovery on behalf of the estate and each survivor. Who may recover and what types of damages are controlled by the statute. In general, each parent of a deceased minor child may recover for mental pain and suffering from the date of injury. Medical and funeral expenses may be recovered by the survivor who paid them. Other damages may include loss of earnings and loss of prospective net accumulations to the child's estate.

Seeking the advice of an experienced injury and wrongful death lawyer is an important first step in the process of holding the wrongdoer accountable. Many cases require specific investigations beyond what may have been done by any law enforcement agency. Investigating all parties responsible, conducting assets investigations, documenting and preserving critical evidence, and determining any possible insurance policies are essential steps to be taken.

The death of a child can create enormous stress on the relationship between the child's parents. People deal with such tragedies and grieve in different ways. In addition to holding wrongdoer accountable, those suffering such a loss should be encouraged to accept support from family, friends, and loved ones, as well as from a skilled and experienced professional counselor.

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Attorney James W. Dodson is a Clearwater, Florida personal injury trial lawyer with over 20 years experience representing clients in all types of injury claims including vehicle accidents, fall cases and wrongful death. He is the author of three books offered FREE to consumers as a guide to dealing with accidents and insurance. Visit his website at JWDodsonLaw.com for FREE copies of these books, other articles, videos, news and commentary.
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