How to File a Wrongful Death Case for Your Child

When you experience the loss of your loved ones, it is already a devastating situation but when it involves wrongful death of a child it shatters the hearts of the parents.

When a child dies because of another person’s wrongdoing or negligence, the law allows the parents and family members to seek justice. You can get justice by holding the person accountable who caused the accident.

When it comes to filing a lawsuit, it can be a lengthy and challenging experience that can drain your energy and time. You need to know the basics and hire an attorney who can represent your case.

What is Considered a Wrongful Child Death?

A wrongful death is when someone dies as a result of another party’s wrongdoing, negligence, or misconduct. It falls under civil action which is separate from the initial prosecution.

Depending upon the state that you live in, it can vary who can file for a wrongful death lawsuit on behalf of the child. In most cases, the parents of a deceased minor can file a wrongful death file.

During this tragic time, parents often lose track to collect evidence and prove the case. So you will need an experienced child abuse attorney to claim and seek maximum recovery while the parents focus on grieving. The right attorney can gather the evidence and make sure that you receive maximum compensation.

What are the Common Causes of Wrongful Child Death?

No matter how a child is lost, the pain is unbearable and always crushing. Many causes can lead to wrongful deaths, some of them are as follows:

  • Auto accidents
  • Medical malpractice
  • Suffocation
  • Drowning
  • Fires
  • Child abuse
  • Toxic substances

The loss of a child, no matter what the age, is a tragic moment that leaves the family devastated. In addition to the grief, the family is also left with medical bills and funeral expenses. If parents file a claim for wrongful death, they can recover these expenses in the form of compensation.

What Can a Parent Recover from the Wrongful Death of their Child?

No amount of money can indeed bring back the deceased child or ease the pain of losing a loved one too soon. However, the right compensation can bring justice and financial relief to the parents who are struggling with the loss.

As a parent or family member, you can recover the following damages if you file for a claim.

  • Cover funeral and burial expenses
  • Medical bills for any treatment for injuries
  • The pre-death pain and suffering of the deceased child
  • Mental pain and suffering

When you take your case to the court, the jury might assess the child’s age and consider what kind of support the parents received from the child before death.

Getting the right compensation for your loss can be a difficult process and not many cases come out as successful in the end. It is best to work with an experienced attorney to give you the best chance at maximum recovery.

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