Loss of a Parent: Children’s Rights in Florida Wrongful Death Cases
There are few losses as profound as a child losing a parent. The death of a mother or father does not just take away someone they love — it removes the person who was supposed to be there for first days of school, graduations, family dinners, and all the guidance and comfort a parent provides over a lifetime. When that death was caused by someone else’s negligence, Florida law gives children a path to seek compensation for that loss.
This guide explains what children are entitled to under the Florida Wrongful Death Act, how those rights are protected and enforced, and what families need to know when a parent has been killed due to another person’s or entity’s wrongful conduct.
Children as Survivors Under Florida Law
The Florida Wrongful Death Act defines the family members entitled to recover damages from a wrongful death claim. These family members are called survivors, and children are among the most significant beneficiaries under the Act.
Both minor children and, in some circumstances, adult children may have claims when a parent dies due to wrongful conduct. The nature and extent of the recovery depends on the child’s age and the specific family circumstances.
What Minor Children Can Recover
Minor children hold some of the most meaningful rights under the Florida Wrongful Death Act. Their recognized damages include:
Loss of parental companionship, instruction, and guidance
This is perhaps the most significant category for children — and one of the hardest to put into financial terms. A child who loses a parent loses not just a presence but a lifelong relationship: someone to teach them how to ride a bike, sit with them during illness, help them make decisions, and provide the kind of guidance that cannot be replaced. Florida law acknowledges this loss and treats it as compensable.
Mental pain and suffering
Minor children may recover for the emotional and psychological anguish of losing a parent. This is a recognized, compensable category of damages — and it reflects the reality that the loss of a parent during childhood causes lasting emotional harm that deserves acknowledgment and compensation.
Loss of support and services
Minor children may also recover for the economic loss of the parent’s financial support and the practical services they provided — from childcare to education funding to household contributions.
Adult Children and Their Rights
Adult children’s rights in a Florida wrongful death case depend on the family circumstances. When there is a surviving spouse, adult children’s recovery may be more limited. When there is no surviving spouse, adult children may recover for loss of support and services in appropriate circumstances. An attorney can advise on how the specific family structure affects each adult child’s claim.
How Children’s Claims Are Protected
When minor children have claims in a wrongful death case, Florida’s legal system protects those claims so they are not compromised or settled without proper oversight. Courts are often involved in approving settlements that affect minors’ interests.
A guardian ad litem may be appointed to represent the interests of a minor child in a wrongful death case — particularly when any potential conflict exists between the child’s interests and those of the adult survivors or the personal representative. The guardian ad litem’s role is solely to advocate for what is best for the child, independent of any adult party’s interests.
This court oversight exists because minor children cannot advocate for themselves, and the legal system recognizes the importance of protecting their compensation — both in the settlement amount and in how funds are held or managed for the child’s future.
Who Files the Lawsuit on the Children’s Behalf?
The Florida Wrongful Death Act requires that the lawsuit be filed by the personal representative of the decedent’s estate — not by the children or their surviving parent directly. The personal representative acts on behalf of all survivors, including the children, and the damages allocated to the children flow from the case the personal representative brings.
If the surviving parent is also the personal representative, they act in that capacity on behalf of the children’s interests. If there is any conflict — for example, if the surviving parent’s interests and the children’s interests differ — the court may take steps to protect the children independently.
What Happens If a Child Turns 18 During the Case?
Wrongful death litigation can take time. When a minor child reaches the age of majority during litigation, their legal status as a minor changes — but their status as a survivor under the Wrongful Death Act and their right to recover for losses they experienced as a child do not disappear. Consult an attorney about how any change in a child’s age affects the specific claim and its procedural posture.
The Statute of Limitations
Florida’s statute of limitations for wrongful death claims is two years from the date of death. While special rules sometimes apply to toll (pause) a limitations period for minors, you should not rely on any tolling provision without first consulting an attorney. The safest course is to act promptly — both to protect the legal claim and to begin preserving evidence.
A Word About Tone
We understand that reading legal information while grieving is an act of will. The families who come to us after losing a parent — and the children whose world has been permanently changed — deserve legal representation that combines genuine compassion with skilled, tenacious advocacy. That is what HLM Injury Lawyers provides.
About Eric A. Hernandez
Eric A. Hernandez is a former Assistant U.S. Attorney for the Southern District of Florida and former law clerk to Florida Supreme Court Chief Justice Charles T. Wells. He has more than 25 years of trial experience and handles wrongful death cases throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. He is bilingual in English and Spanish.
Contact HLM Injury Lawyers — Free Consultation
If your children have lost a parent due to someone else’s negligence, call HLM Injury Lawyers at (305) 842-2100 for a free, compassionate consultation. No fee unless we recover for you.
HLM Injury Lawyers 3301 N. University Dr., Suite 100 Coral Springs, FL 33065 (305) 842-2100