3 Crucial Facts Grieving Parents Should Know About Infant Wrongful Death Lawsuits in Florida

Losing an infant is one of the most devastating experiences a parent can endure. When this tragic loss is due to someone else’s negligence or misconduct, it is crucial to understand your legal rights and options. In Florida, infant wrongful death lawsuits provide a means for grieving parents to seek justice and compensation for their loss.

An infant wrongful death lawsuit arises when a newborn dies due to the wrongful actions or negligence of another party. Common causes include medical malpractice, such as errors during delivery, improper prenatal care, or failure to diagnose a life-threatening condition. Other scenarios might involve accidents, defective products, or unsafe conditions that lead to the infant’s death.

Knowing the specifics of these lawsuits can help parents navigate the complexities of the legal system and ensure that their case is handled appropriately.

3 Crucial Facts Grieving Parents Should Know About Infant Wrongful Death Lawsuits in Florida

Legal Rights and Protections for Parents in Florida

Florida’s wrongful death statutes are designed to protect the rights of families who have lost a loved one due to another’s negligence. For grieving parents, understanding these rights is essential in seeking justice for their lost infant.

In Florida, parents have the legal right to file a wrongful death lawsuit if their child dies due to negligence or intentional harm. The lawsuit can be filed against individuals, corporations, medical professionals, or any entity responsible for the infant’s death. Florida law allows parents to seek compensation for both economic and non-economic damages, which may include medical expenses, funeral costs, loss of companionship, and emotional distress.

It’s important to note that there are specific statutes of limitations in place. In Florida, a wrongful death lawsuit must generally be filed within two years from the date of the infant’s death. Failing to file within this period can result in the loss of the right to pursue legal action.

The Legal Process and What to Expect

Filing a wrongful death lawsuit in Florida involves several steps, each requiring careful attention and legal expertise. Understanding the process can help parents manage their expectations and prepare for what lies ahead.

Consultation with an Attorney

The first step is to consult with an experienced wrongful death attorney who specializes in infant cases. During this consultation, the attorney will review the details of the case, determine its viability, and explain the legal process.


Once the case is accepted, the attorney will conduct a thorough investigation. This may involve gathering medical records, eyewitness statements, expert testimonies, and other relevant evidence to build a strong case.

Filing the Lawsuit

The attorney will file a formal complaint with the court, outlining the allegations against the defendant and the compensation sought. The defendant will then be served with the complaint and given an opportunity to respond.


During this phase, both parties exchange information and evidence. This process may include depositions, interrogatories, and requests for documents, all aimed at uncovering the facts of the case.

Settlement Negotiations or Trial

Many wrongful death cases are settled out of court through negotiations. If a fair settlement cannot be reached, the case will proceed to trial. At trial, both sides will present their arguments, and a judge or jury will determine the outcome.

Understanding these steps helps parents prepare for the emotional and legal challenges they may face during the lawsuit.

Compensation and Damages

Compensation in an infant wrongful death lawsuit aims to alleviate the financial and emotional burdens placed on grieving parents. Understanding the types of damages available and how they are calculated is crucial.

In Florida, parents may be entitled to several forms of compensation:

  • Economic Damages

These include tangible losses such as medical expenses related to the infant’s care prior to death, funeral and burial costs, and lost wages if a parent had to take time off work.

  • Non-Economic Damages

These cover intangible losses such as pain and suffering, mental anguish, and loss of companionship. The profound emotional impact of losing an infant is recognized in these damages.

  • Punitive Damages

In cases involving gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.

Calculating these damages involves a complex assessment of various factors, including the circumstances of the death, the parents’ relationship with the child, and the extent of the emotional and financial impact on the family. An experienced attorney can help ensure that parents receive fair compensation for their loss.

Finding the Right Legal Support

Navigating an infant wrongful death lawsuit requires specialized legal expertise and compassionate support. Choosing the right attorney can significantly impact the outcome of the case and the parents’ ability to cope with their loss.

Gonzalez & Cartwright, P.A. specializes in wrongful death cases, providing grieving parents with the dedicated legal representation they need. The firm offers comprehensive services, from initial consultations and investigations to settlement negotiations and trial representation. Their team understands the sensitive nature of these cases and works tirelessly to secure justice and compensation for their clients.

Gonzalez & Cartwright, P.A.’s compassionate approach ensures that parents feel supported throughout the legal process, allowing them to focus on healing while the firm handles the complexities of the case.

Contact Gonzalez & Cartwright, P.A. Today

Losing an infant is an unimaginable tragedy, and when it occurs due to negligence or misconduct, parents deserve justice and compensation. Understanding the intricacies of infant wrongful death lawsuits in Florida is crucial for grieving parents. From knowing their legal rights to navigating the legal process and finding the right support, each step is vital in seeking justice for their lost child.

Gonzalez & Cartwright, P.A. stands ready to assist parents during this challenging time, providing the expertise and compassion needed to navigate these difficult cases. By understanding and exercising their rights, parents can take meaningful steps towards healing and ensuring that their child’s legacy is honored. Contact Gonzalez & Cartwright today at 561-556-3514 or schedule your free consultation online.

What People are Saying


West Palm Beach, Florida
They made the whole process really easy. They updated me with what was going on with my car insurance, they helped me out with where to go to get a car rental. They knew my case, they knew who I was, and they could really just guide me toward the right direction.


Broward County, Florida
When I came over here, they treated me like family. I really appreciate it. I referred them to a couple of friends. I explained to my friends and family how the office treated me so good.

Free case evaluation

Injured? Tell us what happened.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.