The accidental death of a family member is tragic no matter the circumstances. However, when the individual who died is a child, the emotional pain for their family can be increased. When you are faced with the wrongful death of a minor in Dolton, you do not need to carry that burden alone. A compassionate wrongful death lawyer who works fatal accident cases could help you file a lawsuit against a reckless person or entity who may have contributed to the incident. If they were negligent in their actions, then they should face justice for your loss.
When a minor is killed as a result of negligence, the family may be eligible to file a wrongful death case. There are several additional legal steps which must be taken when the deceased is a child or minor. However, after that, the case proceeds like any other.
A wrongful death case is typically heard in the highest court division because the damages at stake are so high, especially for one involving a minor. These cases will go to the most experienced judges. In addition, some survival actions will need to go to probate court. The courts are well-equipped to handle any potential occurrence in a wrongful death case.
Any negligent acts which cause injury to a minor can also result in a wrongful death case in the community. The most common instances of a minor fatality are automobile car crashes. If a child is not properly restrained in a car, or sitting in a position they are not supposed to be sitting in, they are at greater risk of sustaining injury or death.
The second most common cause of death involving a minor is premises liability cases because children typically do not appreciate the danger posed by certain situations on a piece of property. What might seem like an obvious hazard to an adult might not be properly understood by a child. Local accidental death cases involving minors also frequently occur in medical malpractice incidents.
In order to have a wrongful death case, negligence must be proven by the plaintiff and their attorney. Negligence is the failure of someone to act with reasonable care. This could be a truck driver who was speeding over the limit, a property owner failing to warn of a hazard, or a medical professional failing to properly treat an injury or diagnose a disease. Once negligence is proven, then the plaintiff’s attorney must also prove that the negligence resulted in death. There can be a negligence case which resulted in injuries but where death did not occur until days or weeks afterward. Alternatively, there may be an instance where a child sustains injuries but they pass away later due to some other condition. It is important for a nearby attorney to analyze the evidence and determine what caused the accidental death of the child.
A wrongful death case compensates the family members for the loss of the individual. For a minor, this usually means their parents or whoever is considered their legal guardian. In addition to medical bills and funeral costs, some of the non-economic damages that families in Dolton can seek compensation for are the loss of companionship and consortium, as well as grief and sorrow. It is also possible to argue for damages related to the pain and suffering of the child, if applicable.
Monetary compensation will not be able to heal your emotional pain but it could eliminate your financial hardships as a result of the accident. It is difficult to sue for the wrongful death of a minor in Dolton without the aid of a hard-working local attorney who knows the intricacies of the law. If you would like to learn more about what options are available to you, contact a wrongful death lawyer today.