When can a minor be classified as a survivor for the purposes of a wrongful death claim? Under Florida Wrongful Death Act, a minor child is any child under the age of 25. Did you know that a posthumously born child may not be a survivor under the wrongful death act if they are not legitimate? Unless the natural father has recognized the responsibility of the child’s support, the child that is posthumously born and is illegitimate will not be recognized as a survivor.
Make sure that you West Palm Beach wrongful death attorney knows that an action on behalf of a posthumously born child must be prosecuted within two years from the death of the decedent. An issue may arise for a minor who already has a legal father but attempts to maintain a wrongful death action as the biological survivor of another man. The minor must make some legally recognized action which terminates the right of all interested parties, but at the same time recognizes the biological father’s. It can become quite tricky if this is not handled by an experienced Florida Wrongful death attorney. Adopted children have a much easier time qualifying as survivors of the deceased parent. All that must be shown is the judgment of adoption, either by a Florida court or a court in any other jurisdiction. This will suffice as if the child were a legitimate blood descendant of the adoptive parent.
All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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