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A wrongful death claim is one of the most painful types of civil litigation that one can endure – that is especially true if the loss involves a child. The wrongful death of a minor in Cicero is rare, but if it does happen, you deserve to work with a compassionate attorney who will bear the majority of the legal burden. Discuss your case with McCready Law and learn what your next steps should be.
Although they are handled similarly, there are important differences between a wrongful death involving a minor and one involving an adult. Perhaps most importantly, the heirs to the deceased minor are not always the same as with a deceased adult. With a deceased minor, the parents and siblings are allowed a recovery.
In the wrongful death of an adult, the children are allowed a recovery. If there are no children, then the parents of the deceased are entitled to a recovery. The rules governing the distribution of proceeds in a wrongful death case can be confusing, especially for a minor, so it is always best to speak to a Cicero lawyer for advice.
It is always a tragedy to lose a child, particularly when the loss is due to negligent conduct. Some common causes of wrongful death of minors include automobile accidents, medical malpractice, and premises liability cases, where a child could fall or in some other way sustain fatal injuries on a property. Property owners are required to have protections in place around “attractive nuisances” which might attract children despite the danger.
When a child collapses while playing a sport or being active, there can be many different causes. Sometimes, athletic activities will push a child beyond their physical capabilities or there may be a pre-existing condition which makes them more susceptible. Determining whether there is an at-fault party is very fact-specific. It is important to speak with a knowledgeable attorney to determine whether there is any potential case involving misdiagnosis or possibly unintended side-effects from a dangerous drug,
In order to pursue a case for a wrongful death of a minor, there must be a responsible party who was negligent. Negligence is defined as not acting with reasonable care for the safety of others. Unfortunately, some people, including children, pass away and there is no one who is at fault or can be held responsible. However, always consult with a lawyer who handles wrongful death cases because they may be able to discover a potentially negligent party that is not obvious at first.
Generally speaking, in order to pursue a wrongful death case, the family must be able to identify the negligent party. One exception to this rule would be a situation where a minor was struck and killed by a car in a hit and run. If no one is able to identify the motorist, a parent could use their uninsured motorist coverage to make a financial recovery.
Damages for a wrongful death of a minor in Cicero include the loss of society and companionship to the surviving family members. In addition, parents and siblings are entitled to compensation for grief and sorrow. There may be additional recoveries for medical bills incurred at the time of the injury resulting in death.
Fill out a contact form to set up a consultation with a member of our team. You should not have to deal with the loss of your child while also managing a civil claim. Our lawyers understand the difficulties you face and can guide you after the wrongful death of a minor in Cicero.