Video Transcript
You can bring a wrongful death case for a child and for an elderly person under circumstances. The Florida wrongful death statute always looks at survivors. So, to be able to bring a wrongful death action for any person, there have to be statutory survivors. In the case of a child, living biological parents would be the survivors who are allowed to bring the wrongful death action. For the case of an elderly person, as long as the person, when they passed away, had a spouse or had children, living children, then there is someone who can bring the wrongful death action on behalf of the elderly person. Unless it is a medical negligence case, and in that situation, an elderly person who passes away must have been married at the time for there to be someone who can bring the wrongful death case or have children under the age of 25, so 24 years old, 11 months, and 29 days. You could still bring that wrongful death case, but unfortunately, most elderly people don’t have children who are under the age of 25, so if they pass away without a spouse, there is no one to bring the claim for medical negligence.
