Can children sue for the wrongful death of a parent in the state of Florida

Asked 7/9/2009 under Wrongful Death - Accidental Death | 385 View(s) | More Legal Topics

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Wrongful Death - Accidental Death Law Answers

Although I do not practice law in the State of Florida, here are my initial impressions.  The general rule is that wrongful death can give rise to liability for the purposes of a civil lawsuit.  Moreover, the children's guardian (or remaining parent) can sue on their behalf if they are still minors.  However, the question of "whether" they can sue depends on fault and recoverable assets.  In other words, is it possible to establish that another person (or a company) was at fault for their parent's death?  If the answer to that question is yes, then they would only be able to recover money as a result of that fault (either through settlement or verdict) if the person/company at fault has money, insurance policies, or other assets that would provide for recovery.  I suggest that the children, or the person acting on their behalf, consult with and/or retain a personal injury attorney in order to determine the merits of this potential claim.

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