Wrongful Death of a Minor in Lakewood
The wrongful death of a minor in Lakewood is something that no family should have to go through. Unfortunately, the acts of negligent parties can often lead to fatal accidents. Wrongful death actions can help families receive compensation, but these cases become more complicated when the wrongfully deceased party is a child.
If you are grieving the loss of a child due to someone else’s recklessness or carelessness, you deserve fair compensation. A compassionate wrongful death attorney could help you seek justice for your loved one and walk you through the case process.
Causes of Wrongful Death of a Child
Frequent causes of wrongful death cases of minors include automobile collisions involving distracted, impaired, or aggressive drivers. Pedestrian, bicycle, and truck accidents can also lead to fatal accidents.
Another frequent cause of wrongful death cases involving minors is medical malpractice. These cases can involve prescription errors, misdiagnosis, emergency room errors, surgical injuries, or even medical equipment malfunctions.
Dangerous and defective products can also cause fatal accidents. Faulty design, defective manufacturing, or a failure to warn can all be the basis for a child wrongful death case. Criminal cases can also lead to wrongful death claims when they result in fatalities. A seasoned Lakewood attorney could work to determine who may be at fault for a child’s death given the cause of their accident.
Can Pre-Existing Conditions Impact a Case?
Pre-existing conditions can play a role in wrongful death cases. There may be situations where an action exacerbates or worsens a pre-existing condition, and without the introduction of the action, the child would have survived. For example, if a child is prescribed medication that was the result of a possible prescription error and later collapses and dies, the death may not have occurred without the prescription error.
In the same way, if a child has not been diagnosed with the problem, and the child’s parents were not aware of that problem, then a wrongful death case may develop as a result of that misdiagnosis. These cases are extremely complex, which is why it is important to consult with a Lakewood attorney with experience handling minor wrongful death cases.
Pursuing Damages for Fatal Accidents Involving Children
Calculating damages in a wrongful death case involving minors is often a very subjective process. By way of comparison to the wrongful death case of an adult, an adult’s earning potential can be established by revealing tax returns and the adult’s career path. However, with a child, it may be far more difficult.
The factors used to calculate damages in the case of a minor include:
- The child’s age and gender
- The child’s health and life expectancy
- The child’s behavior, habits, and temperament
- The child’s possible future income
- The relationships of the plaintiff to the child
- The health, age, and circumstances of the plaintiff
An experienced attorney could identify all potential defendants who could have been involved in the wrongful death of a child.
Discuss Wrongful Death of a Minor in Lakewood with a Skilled Lawyer
Fatal accident cases involving minors are extremely complex and are heard in court less frequently than other injury cases. For these reasons, it is crucial to obtain an experienced attorney that has handled numerous cases involving the wrongful death of a minor in Lakewood. By working with a skilled lawyer, you could ensure that all possible legal options are explored to seek justice for your child.
You do not have to handle this process alone. Call today to speak with a caring legal professional about your case.