Why Florida Treats Children Under 25 as Minors in Wrongful Death Claims

How Florida Law Protects Children Who Lose a Parent

Key Takeaways: Florida treats children under 25 as minors in wrongful death claims because Fla. Stat. § 768.18(2) defines "minor children" that way for the whole Wrongful Death Act, even though the usual age of majority is 18. Young adults often still rely on a parent for guidance, emotional support, and money. Under Fla. Stat. § 768.21(3), children under 25 may recover for lost parental companionship, instruction, and guidance, plus mental pain and suffering, whether or not a surviving spouse exists. Children 25 or older can generally recover these damages only if there is no surviving spouse. In medical negligence deaths, Fla. Stat. § 768.21(8) bars them from recovering these damages at all. Children of any age may also claim lost support and services if they qualify as survivors. Parents who lose a child under 25 may recover for their own mental pain and suffering. Claims are brought by the estate’s personal representative, generally within two years, so talking with an attorney early helps protect your family’s options.

Losing a parent changes a child’s life, whether that child is six or twenty-three. For wrongful death claims, Florida treats any child under 25 as a "minor child," even though the usual age of majority is 18. A college student or young adult who loses a parent may therefore pursue the same kind of damages as a younger child, including damages for the loss of a parent’s companionship, instruction, and guidance. This article explains where the rule comes from, what it allows families to recover, and where it stops.

If your family is trying to understand its options after a sudden loss, you can speak directly with the attorney who would handle your case. Furmanski Law Group offers a free consultation at 305-900-6657. You can also reach out to us online whenever you are ready.

Where the Under-25 Definition Comes From

The rule comes straight from the Florida Wrongful Death Act. Under Fla. Stat. § 768.18(2), "minor children" means children under 25 years of age, notwithstanding the age of majority. A 19- to 24-year-old son or daughter of the person who died is therefore treated as a minor for wrongful death purposes, even though that young adult may vote, sign contracts, and live independently.

Why One Definition Controls the Whole Act

The definitions in section 768.18 apply to the entire Act. The statute says its definitions apply "as used in ss. 768.16-768.26." So when Fla. Stat. § 768.21 refers to "minor children," the under-25 definition controls. You can read the full text in Florida Statutes Chapter 768.

Why the Legislature Drew the Line at 25

The statute gives the definition but does not explain the reason for it. Many families find it makes sense in practice, though. Young people in their late teens and early twenties often still depend on a parent for advice, emotional support, and money. Courts apply the age-25 line as written.

Who Counts as a Child Survivor in Florida

A child of the person who died is a "survivor" who may share in a wrongful death recovery. Under Fla. Stat. § 768.18(1), that includes a child born to an unmarried mother. A child born to an unmarried father is included only if the father recognized a responsibility to support the child.

In practice, the father’s situation can call for extra documentation. Families may need records such as support payments, school forms, or other evidence showing the father accepted responsibility.

💡 Pro Tip: If paternity or support could be questioned, start gathering records early, such as photos, messages, payment records, and school or medical forms listing the parent.

Understanding Loss of Parental Companionship in Florida

Under Fla. Stat. § 768.21(3), minor children of the person who died may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering from the date of the injury. These non-economic damages address the loss of a parent’s presence, advice, and love, which no bill or receipt can capture.

How the Age-25 Line Affects Eligibility

A child’s age, and whether a spouse survives, generally determines who can bring this claim. Children under 25 may seek these damages whether or not a surviving spouse exists. Under Fla. Stat. § 768.21(3), children 25 or older can seek them only if there is no surviving spouse.

This table shows the general rule, but some situations work differently. The biggest exception is medical negligence. Under Fla. Stat. § 768.21(8), children 25 or older cannot recover these damages for a parent’s death caused by medical negligence, even if there is no surviving spouse. As of 2026, this provision is still in effect: a 2025 repeal was vetoed and a 2026 repeal effort failed. Blended families and disputes over who qualifies as a survivor can also complicate a claim.

When Both Parents Die in the Same Incident

Florida has a specific rule for families who lose both parents to the same wrongful act. Under Fla. Stat. § 768.21(3), if both spouses die within 30 days of each other from the same wrongful act or incident, each is treated as having died before the other. This lets a child who is 25 or older pursue a companionship claim for each parent. Children under 25 can already bring these claims either way.

Financial Damages Beyond Companionship

Children of any age may also be able to claim economic losses, such as lost support and services. Under Fla. Stat. § 768.18(3)-(4), "support" covers contributions in kind as well as money. "Services" means tasks, usually household tasks, that the parent regularly did and that will now be a necessary expense for the survivors. Survivors recover the value of lost support and services under Fla. Stat. § 768.21(1).

These definitions can make a real difference for a grieving family. Examples include:

• A parent who paid tuition, rent, or a car payment for a child in college
• A parent who drove younger siblings to school or cared for them
• A parent who handled home repairs, cooking, or other regular household work
• In-kind help, such as health insurance coverage or a place to live

Documenting these losses usually takes time and care. Bank records, school bills, and family calendars can help show what the parent provided.

How Parents of a Deceased Child Fit In

Florida law also protects parents who lose a child. Under Fla. Stat. § 768.21(4), each parent of a deceased minor child may recover for mental pain and suffering from the date of injury. Because of the under-25 definition, this includes parents who lose a son or daughter up to age 24.

Parents of an adult child who is 25 or older face tighter limits. Under the same subsection, they may recover these damages only if there are no other survivors. If the death was caused by medical negligence, Fla. Stat. § 768.21(8) bars these damages entirely.

How Courts Apply the Rule at Trial

Juries in Florida wrongful death trials generally receive standard instructions that follow the statute. The Florida Supreme Court periodically authorizes changes to these instructions, as seen in the Bar’s coverage of amendments to civil jury instructions. Most claims never reach a jury, but insurers and attorneys still weigh settlement offers against what a jury would likely be told to consider.

Timing and the Personal Representative’s Role

In Florida, a wrongful death claim is brought by the personal representative of the estate on behalf of the estate and all survivors. Children, including adult children, do not file their own separate wrongful death lawsuits. The complaint must name all potential beneficiaries and their relationship to the person who died.

Florida generally allows two years from the date of death to file a wrongful death action under Fla. Stat. § 95.11. Different timing rules, including statutes of repose, may apply in medical malpractice cases. Courts interpret exceptions narrowly, and tolling does not apply automatically. Claims against government entities have pre-suit notice requirements under Fla. Stat. § 768.28. Talking with an attorney early can help protect evidence and preserve your family’s options.

💡 Pro Tip: Keep a simple journal of how your loved one supported each child, such as advice, routines, and milestones. These details can help show the depth of a companionship loss.

Frequently Asked Questions

1. Can my 22-year-old daughter recover for losing her father?

Generally, yes. Under Fla. Stat. § 768.18(2), she is treated as a minor child for wrongful death purposes and may seek companionship and pain-and-suffering damages under Fla. Stat. § 768.21(3), depending on the facts.

2. What if my child is 26 and their other parent is still living?

If the person who died left a surviving spouse, a child 25 or older generally cannot recover companionship damages under Fla. Stat. § 768.21(3). In medical negligence cases, Fla. Stat. § 768.21(8) bars these damages even when there is no surviving spouse. They may still recover lost support and services if they qualify.

3. Does a child born outside of marriage qualify?

A child born to an unmarried mother qualifies as a survivor. Under Fla. Stat. § 768.18(1), a child born to an unmarried father qualifies only if the father recognized a responsibility to support the child.

4. Who actually files the claim?

The personal representative of the estate files on behalf of the estate and all survivors, including children.

5. How long does my family have to act?

The general deadline is two years from the date of death under Fla. Stat. § 95.11, with limited exceptions. Medical malpractice and government claims may have different rules. Speaking with a lawyer soon is the safest approach.

Moving Forward With Clarity and Care

Florida’s under-25 rule may give many young adults the right to seek damages for losing a parent’s guidance and love. Loss of parental companionship in Florida, along with financial support and services, can form an important part of a family’s claim. Each case depends on its own facts, including the child’s age, whether a spouse survives, how the death happened, and the evidence available. You can find more guidance in our Florida family legal guides.

Daniel Furmanski handles every case personally, drawing on his personal injury background and prior agency-side experience. If you have questions about your family’s rights, a loss of parental companionship Florida lawyer can walk you through them at your own pace. Contact Furmanski Law Group today. Call 305-900-6657 or schedule your free consultation.

Disclaimer: This content is for informational purposes only and is not legal advice. Every case is unique, and results may vary. Consult an attorney about your specific circumstances.