Florida’s New Wrongful Death Act: Expanding Rights for Unborn Children?

Florida’s New Wrongful Death Act: Expanding Rights for Unborn Children?

The tragic loss of a child is an unimaginable pain for any parent. In Florida, a recent expansion of the Wrongful Death Act is sparking debate and offering a new avenue for parents who experience such a loss due to negligence or wrongful acts. This update centers on the legal rights of unborn children, potentially broadening the scope of who can seek damages in these heartbreaking cases.

Understanding Florida’s Wrongful Death Act

Florida’s Wrongful Death Act (Florida Statute 768.16 – 768.26) allows certain family members to sue for damages when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another. The goal is to compensate survivors for their losses resulting from the death, addressing both emotional suffering and financial hardship.

Who Can File a Wrongful Death Claim?

Under Florida Statute 768.20, the following family members can legally seek wrongful death damages:

  • Surviving spouse
  • Surviving children
  • Surviving parents
  • Blood relatives who were financially dependent on the deceased

The personal representative of the deceased’s estate is responsible for filing the claim on behalf of the survivors.

What Damages Are Recoverable?

In a Florida wrongful death case, families can pursue compensation for a range of losses, including:

  • Loss of support and services: The value of financial contributions and household assistance the deceased provided.
  • Loss of companionship and protection: Compensation for the loss of the deceased’s love, emotional support, and companionship.
  • Mental pain and suffering: Damages for the emotional anguish caused by the death.
  • Medical and funeral expenses: Reimbursement for these costs if paid by a survivor.
  • Lost earnings: Compensation for the deceased’s lost wages and potential future earnings.

The Expansion: Rights for Unborn Children

The key change to Florida’s Wrongful Death Act involves the definition of “person” to include an “unborn child.” This expansion means that parents of an unborn child may now be able to seek damages in cases where the death of the unborn child is caused by negligence or a wrongful act.

Defining “Unborn Child”

Under the updated law, an “unborn child” is defined as a member of the species Homo sapiens, at any stage of development, who is carried in the womb.

What This Means for Parents

This change potentially allows parents of an unborn child to recover damages for mental pain and suffering from the date of injury. They may also be able to recover other damages allowed by the Act, such as the value of future loss of support and services and medical or funeral expenses already paid.

Protections for Mothers and Healthcare Providers

The updated law includes specific protections:

  • A wrongful death action cannot be brought against the mother of the unborn child for the death of the child.
  • A wrongful death action cannot be brought against a healthcare provider for the death of an unborn child that results from lawful medical care provided in compliance with the applicable standard of care.

Concerns and Considerations

While proponents of the expanded law argue that it provides justice and recognition for the loss of an unborn child, others raise concerns about potential implications:

  • Impact on Abortion Rights: Some worry that the law could affect abortion access and could potentially redefine fertilized eggs and embryos as “persons” under Florida law.
  • Liability Concerns for Medical Providers: Some health care providers and doctors are alarmed by the consequences of this measure.
  • Potential Lawsuits: Concerns have been raised about potential lawsuits against family members or others who assist a woman in obtaining an abortion, or against businesses where a pregnant woman might suffer a fall leading to a miscarriage.

Statute of Limitations

It’s crucial to understand the statute of limitations for filing a wrongful death claim in Florida. Generally, the statute of limitations is two years from the date of death. However, there are exceptions, such as in cases involving medical malpractice, where the statute of limitations may be extended.

The Importance of Legal Counsel

Navigating the complexities of Florida’s Wrongful Death Act, especially with the recent changes regarding unborn children, can be challenging. If you have experienced the tragic loss of an unborn child due to negligence or a wrongful act, it is essential to seek legal counsel from an experienced Florida wrongful death attorney.

A qualified attorney can:

  • Evaluate the specific circumstances of your case.
  • Explain your rights and options under the law.
  • Help you gather the necessary evidence to support your claim.
  • Represent you in negotiations with insurance companies.
  • File a lawsuit on your behalf and advocate for your interests in court.

Conclusion

Florida’s New Wrongful Death Act: Expanding Rights for Unborn Children? represents a significant development in Florida law, offering a potential avenue for parents to seek justice and compensation for the loss of an unborn child. However, it also raises complex legal and ethical questions. Understanding the nuances of the law and seeking guidance from a qualified attorney are crucial steps for anyone affected by this change.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney to discuss your specific legal situation.