Florida Statute 768.0415 instructs that unmarried dependents of parents sustaining significant permanent injury through the negligence of others shall be compensated for damages including loss of services, comfort, companionship, and society.
The compensation for damages under this statute is not limited to minors. It includes adult dependents.
The “significant permanent injury” language contained in the statute is qualified by additional language that the injury must result in “permanent total disability.” This clause is not defined in the statute. While Florida Statute 440.15 defines PTD, it is the definition for workers’ compensation purposes and unlikely to be dispositive in a civil action seeking damages under 768.0415.
Surprisingly, the damages available under 768.0145 are not set forth in Florida Jury Instruction 501.2. This does not preclude a recovery under the statute. All it means is that a special jury instruction must prepared and given to the jury.
Although 768.0145 is limited to the most serious cases, it is nevertheless often overlooked by personal injury lawyers. It is the hope of this blog to get the word out so that those harmed by the negligence of others are fully compensated for their tremendous losses.
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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.