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Whenever a child is taken from us unexpectedly, the family should always investigate the circumstances to determine whether there is a potential wrongful death case. There can be many causes that result in the death of a child. Some are unpreventable, but others can result from the negligence of someone. Fortunately, wrongful death cases involving children are not very common. However, when a child is killed, it is important to have a thorough investigation to determine if there is any potential for recovery for wrongful death.
Following the tragic death of a loved one, it is best to reach out to a compassionate wrongful death attorney. An Oak Lawn wrongful death of a minor lawyer could help you seek justice for your loss.
There are many circumstances that can result in the wrongful death of a child. Typical scenarios include car accidents. Children are also susceptible to being struck by cars as pedestrians or as they play. Another common cause for the wrongful death of a minor is medical malpractice. If a doctor does not provide medical services within the standard of care and, as a result, the child dies, the family may have a wrongful death case against the doctor or hospital. Less common in wrongful death cases involving children include slip and fall accidents resulting in a head injury.
A wrongful death involving a minor is traumatic. A jury takes into consideration how many years a person was likely to live following a wrongful death. A minor child would have a long life to look forward to but for the negligent conduct of the at-fault party. For this reason, wrongful death cases involving children tend to result in much higher settlements and verdicts.
The lawyer must still prove that someone was at fault for the death of the minor. If the death was caused by the actions of the child, then there may not be any recovery for wrongful death. The difference between a wrongful death case involving a minor and an adult is a possible difference in the value of the recovery.
When a child is killed due to the wrongful or negligent conduct of another party, the surviving family members are entitled to certain damages. In a wrongful death case, damages include the loss of companionship as well as sorrow and grief. If the child was not killed instantaneously, then there will also be a survival cause of action.
A survival case in a wrongful death lawsuit compensates the child for the conscious pain and suffering as well as the medical bills incurred prior to passing away. The damages in a wrongful death case involving a minor child can be difficult to prove, so it is advisable to consult with an experienced attorney as soon as possible.
It is always tragic when a child loses their life. Often, a wrongful death lawyer can prove that the loss was the result of the negligent actions of another party. However, there are other unfortunate circumstances where the child is taken away without the fault of anyone else. It is important to investigate the circumstances anytime a child is killed to determine whether there is a possible wrongful death lawsuit.
You do not need to handle the legal aspects of your case alone. Let a dedicated Oak Lawn wrongful death of a minor lawyer help. Whenever you are ready, schedule a consultation.