The natural order of life leads us to believe that parents are supposed to pass on before their child. However, when this natural order gets disrupted, the party who caused this disruption should be held accountable for their negligence. There are few things worse than the loss of a child, and afflicted families should do what they can to make sure they get the justice they deserve.
Our compassionate attorneys understand the devastation and loss felt in these types of cases. A Charleston wrongful death of a minor lawyer could dedicate themselves to make sure that your family gets the financial and emotional help they need to recover from the loss of your loved one. Call today to learn more.
Unique Aspects of a Wrongful Death of a Minor Claim
Anytime a child is the subject of a wrongful death case, the case takes on a special significance. There is no greater loss than that of a child, and the estate should make sure to hold the at-fault party for the most amount of compensation possible. Unfortunately, defendants will sometimes argue that the losses are not as great because there is no loss of future earning capacity or that, depending on the age of the minor, the capacity is not significant and not worth much money.
Though the defense is at liberty to say what they want to say to rid themselves of guilt, the truth of the matter is there is nothing more catastrophic than the death of a child. Trying to demonstrate to a jury what those harms and losses are and how the family must be compensated takes on some nuanced challenges.
Common Causes of the Untimely Deaths of Children
When they do, the most important part of that is showing what the duty was owed to that minor to be different and better than what happened, showing that the breach of that duty is, in fact, what causally connects their death to the wrongdoing, and then making sure the right amount of damages are paid out to the estate for that child or to compensate those that survived the child.
The world can be a dangerous place for everyone, including children. Unfortunately, children may be at greater risk at suffering some type of negligent accident given their young age and vulnerability. Wrongful death of a minor cases tend to happen on playgrounds, defective products, motor vehicle accidents, and incidents of medical malpractice.
What Types of a Damages Could the Plaintiff be Compensated for?
To obtain compensation following the death of a child, the estate must be able to show that the defendant owed the deceased child a duty of care, the defendant breached that duty, how the breach of that duty led to the death of a child, and how the death correlates to the amount of damages the plaintiff is asking for.
In a wrongful death case, the first thing to look at is whether the minor survived for any period of time after the accident. If they did, the estate could hold the at-fault party liable for any psychological trauma suffered by the child in those moments. Those damages can be quantified and argued in what is called survival action.
For damages resulting from the accident that led to the death of a minor, the estate can recover for loss of companionship, loss of services, and funeral and medical expenses. Whatever type of damages that the family will incur as a result of the death of a child can be compensated for in an injury claim.
Get in Touch with a Compassionate Wrongful Death Attorney Today
Any experienced wrongful death attorney fully understands the sensitive nature of wrongful death cases. However, when a minor is the victim who suffered the fatal accident, the estate should do everything in their power to hold the at-fault party accountable for their negligence.
If you wish to file a similar type of claim, get in touch with a Charleston wrongful death of a minor lawyer today. An attorney could work tirelessly that you and your family are properly compensated for the tragic loss of your loved one. Call today to get started.