When determining the survivorship rights of a decedent's child or children in a wrongful death case, there may be some complex issues that arise. Under Florida’s wrongful death act, a “minor child” is any child under the age of 25 years of age, and is entitled to recover damages for the wrongful death of his or her parent. A posthumously born child is a survivor of the decedent and entitled to recover damages, if the action on behalf of the posthumously born child is prosecuted within two years from the death of the decedent.
However, a posthumous illegitimate child is not automatically considered a survivor. The wrongful death act does not consider a posthumous illegitimate child a survivor of the decedent, unless the father has taken responsibility for the child’s support. An experienced West Palm Beach wrongful death attorney can prove the decedent recognized a responsibility for the child’s support and sustain the child’s recovery for damages without the need for an adjudication or a statutory acknowledgment of paternity. Proof of the child’s support may be established by demonstrating that the child lived in the decedent’s home, the decedent treated the child as his child, and the child enjoyed the decedent’s support.

Another issue that may arise is a child who already has a legal father but attempts to maintain a wrongful death action as the biological survivor of the decedent. To be considered a survivor of the decedent, the minor must take a legal action which terminates the rights of all interested parties, but at the same time recognizes the biological father’s rights.

An adopted child may qualify as a survivor of the decedent if a judgment of adoption was entered either by a Florida court or another jurisdiction. This will suffice as if the child were a legitimate blood descendant of the adoptive parent. Adult children over the age of 25 are considered survivors and may recover damages for lost support and services, if there is no surviving spouse, and if the wrongful death claim is not based on medical malpractice.

The difficulties that may arise in a wrongful death case should only be handled
by an experienced West Palm Beach wrongful death attorney. Call the experienced attorneys at Sharmin & Sharmin P.A. 1800-74-TRIAL.