There are few things in life more devastating than the loss of a loved one, especially the wrongful death of a child. When a child dies because of another person or party’s negligence or wrongdoing, the law enables the parents and family members to seek justice by holding that person accountable.
Wrongful death lawsuits can be incredibly complex and take place during an emotionally fraught time. You must speak with an experienced attorney who can represent your family and protect your interests.
What is considered a wrongful death?
Wrongful death occurs when someone dies as a result of another party’s negligence, misconduct, or wrongdoing. A wrongful death lawsuit is a civil action that’s separate from criminal prosecution.
Depending on the state, there may be a statute of limitations on how long someone has to file a wrongful death lawsuit on behalf of the child.
In accordance with Section 768.21, Florida Statutes, the parents of a deceased minor (or an adult child without a spouse or children) can file a wrongful death claim. An important designation in the Florida Wrongful Death Act is that a person under 35 years old can be considered a minor.
During this incredibly tragic time, the last thing on a family’s mind is to collect evidence and prove a breach of duty and cause of death. This is where an experienced wrongful death attorney steps in. They can handle the claim and seek maximum recovery for the family’s untimely loss while the parents focus on grieving.
Common Causes of the Wrongful Death of a Child
No matter how a child is lost, it is always crushing. And when the cause of death was preventable or due to someone else’s incompetence or negligence, it can be even more horrific.
There’s a wide range of circumstances that can lead to the wrongful death of a child. The number one cause of death for children in the United States is unintentional injuries. Some of the most common situations that cause unintentional injuries leading to a child’s death include:
- Medical malpractice
- Auto accidents
- Pedestrian accidents
- Firearm accidents
- Product defects
- Suffocation
- Falls
- Drowning
- Fires
- Suffocation
- Toxic substances
The loss of a child at any age is difficult to navigate. In addition to grappling with their grief and questions, the surviving parents are also often left to deal with a mountain of medical bills, funeral expenses, and profound pain and suffering.
When the parents bring a wrongful death of a child claim, they can recover these expenses in the form of compensation.
What can a parent recover for the wrongful death of a child?
There’s no amount of money in the world that can bring back a child or ease the pain of losing a loved one too soon. However, compensation can bring financial relief and justice to parents struggling with their loss.
Damages that can be recovered for the wrongful death of a child include:
- Funeral and burial expenses
- Medical bills from the decedent’s death or injury treatment
- The deceased child’s pre-death pain and suffering
- Mental pain and suffering
- Emotional distress
In the wrongful death of a child case, a jury might assess the child’s age and life to consider what support that child might have contributed to their parents. Calculating this and the emotional pain and suffering is difficult, which is why working with an experienced attorney will give you the best chance at maximum recovery.
No two wrongful death cases are the same, so you can’t estimate what your case might be worth based on another case’s compensation. If you believe you have grounds to file a claim for the wrongful death of a child, contact a lawyer as soon as possible.
Schedule a Free Case Evaluation with a Wrongful Death Lawyer Today
The wrongful death lawyers at Lytal, Reiter, Smith, Ivey & Fronrath pride themselves on going the extra mile to fight for justice on behalf of victims. Our team does everything in its power to recover maximum compensation for the family of a child who died as a result of negligence.
Contact our office today at (561) 655-1990 to schedule your no-obligation case evaluation. You’ll meet with one of our experienced lawyers who will learn more about your situation and help you explore your legal options.
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