What if there are minors who are surviving heirs?

According to current Florida Statutes concerning Wrongful Death claims, a minor is defined by statute as a child of the decedent under the age of 25. Minor children who lose a parent may be entitled to damages for loss of compensation, instruction and guidance. Furthermore, minor children are entitled to damages for loss of support and companionship.

In the event of a recovery, courts will typically order a guardian to be assigned to any minor children who are awarded monetary damages. The purpose of the appointment of a guardian, and the accompanying guardianship, is to provide protection of the interest of the minor child and will often dictate how any monetary settlement received by the minor is to be distributed. The guardian, under the authority and approval of the Court, will keep the minor’s settlement in trust, disbursing settlement funds only for those necessities authorized by the court.  More information concerning the powers and restrictions associated with a guardianship can be answered by an attorney that specializes in guardianship law.

How do I find out what rights minors have in wrongful death claims? Call the Law Office of Dan Newlin & Partners at (407) 888-8000 today. Perhaps the saddest element of a wrongful death claim is the loss of companionship suffered by the decedent’s minor children. Our goal to get the best possible settlements for our clients is secondary only to the interests of minor children in any action for the wrongful death of a parent. Our compassionate legal team works effortlessly to pursue all types of damages on behalf of minor children. Furthermore, we will work intimately with any guardianship attorney to ensure the best interests of the minor child are always a priority. Please feel free to call or contact us today to discuss any matter concerning a potential wrongful death claim.