Wrongful Death Claims Involving Children: Where to Turn
It is difficult enough to fathom losing somebody close to you in a horrific accident that takes place at the hands of a negligent driver. What happens when you lose a child at the hands of a negligent party and you wonder where you can turn to move forward during one of the most difficult times in your life? No parent should ever lose a child but this is made even worse when a child loses their hands at a reckless driver who engaged in an action such as drunk driving, speeding, or distracted driving. In the United States, an average of 6 children are killed every day in these accidents and 694 are injured at any given time. You have rights if you are a parent who has had to say goodbye to a loved one.
When Can You Bring a Wrongful Death Claim?
When somebody loses their life at the hands of a negligent party, you as a loved one or personal representative of an estate might be able to file what is known as a ‘wrongful death claim.’ To be able to prove your claim and receive the damages you feel that you and your loved ones are entitled to, you the plaintiff will have to show that a negligent party actually owed your loved one a duty of care and breached this duty of care. If damages resulted, then you have a claim and you can move forward. In cases involving children, the courts take these claims very seriously due to the sensitive and emotional nature. No child should lose their life to the hands of a reckless party.
The parent of a minor will be permitted to bring a wrongful death claim on behalf of their loved one. Remember: Not everybody is eligible for bringing one of these claims but, if you played a major role in the child’s life, there is a likelihood that you will be able to move forward. Wrongful death damages might be a difficult reality for you to face. You might be thinking, I could never put a price on the life of my loved one, especially my own child. However, after these massive losses, there is a good chance that you will be faced with a wide variety of finances that you might not be able to cover on your own.
You should never feel guilty about compensating on behalf of a loved one when you have been put in a difficult situation. You might be able to compensate for a wide variety of damages such as pain and suffering, medical costs that your loved one might have incurred, funeral costs, and more.
Moving Forward with Your Claim
The Centers for Disease Control says that the leading cause of death for those aged between 1-24 are unintentional injuries, with car accidents being close to the top on that list. It is important to know that, if you have lost a loved one in one of these serious accidents, you have many rights as a parent. At Katz Kantor Stonestreet & Buckner, our car accident attorneys will help you through any type of case where you have been injured or a loved one has been killed in a car accident. Contact us to find out what we can do for you at 304-431-4050.