Are adult children eligible to recover pain and suffering for the loss of a parent?

In Florida, children age 25 or older may recover for lost parental companionship and mental pain and suffering only if there is no surviving spouse. Florida’s Wrongful Death Act establishes a specific order of priority among survivors. When a spouse survives the deceased, adult children are generally limited to recovering the value of lost financial support and services rather than pain and suffering. If there is no surviving spouse, adult children move up in priority and may pursue those non-economic losses. Because every family’s situation is different, speaking with a wrongful death attorney can help clarify how Florida’s Wrongful Death Act applies to your family’s specific circumstances.