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According to Florida case law as of the date of this article, the jury may consider the age of the injury victim when determining damages.

“After the plaintiff introduces evidence sufficient to warrant an award for lost earning capacity, the jury should consider “all relevant factors including the plaintiff’s age, health, habits, occupation, surroundings, and earnings before and after the injury.” W.R. Grace & Co.–Conn. v. Pyke, 661 So.2d 1301, 1302 (Fla. 3d DCA 1995) (citing Atl. Coast Line R.R. v. Ganey, 125 So.2d 576 (Fla. 3d DCA 1960)).”

See: Rasinski v. McCoy – 227 So.3d 201 (2017)





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