Parents trust that their teens and children act in a responsible manner, however, parents cannot always account of unforeseeable tragedy. When another person acts in a way that leads to the untimely death of your son or daughter, you need to consider taking action against that party. While legal action will not ever bring back your child, it could help with financial stressors placed on you. A local attorney could evaluate your claim and work with you on your course to hold negligent parties accountable. When you are ready, speak with a Bowling Green wrongful death of a minor lawyer.
Comparing the Wrongful Death of a Minor to the Wrongful Death of an Adult
Similar to the wrongful death of an adult, the wrongful death of a minor still requires an estate. Normally, a parent is appointed to be the administrator of the estate. However, one key difference between a wrongful death case involving a minor and a case involving the death of an adult is that minors do not usually have wills. Other than that, the case operates in the same manner as the wrongful death of an adult. The compensation for losses, known as damages in the legal field, is going to be the same: economic and noneconomic. Specifically for children, there is rarely a past earning history, this would make evaluating the future economic loss much more challenging for attorneys. Because of these inherent challenges, it is critical that surviving heirs work with a Bowling Green wrongful death of a minor lawyer.
Common Causes of Wrongful Deaths Involving Minors
Some common causes of the wrongful death of minors in Bowling Green include car accidents, truck accidents, medical malpractice, and slip and falls.
However, there are a myriad of events that could lead to the untimely death of a child or teenager on a country-wide scale. Examples of a minor’s wrongful death could include:
An autopsy could determine the difference between wrongful death of a minor and negligence leading to the death of a minor. Attorneys could bring the wrongful death claim if they could show that in the autopsy that the proximate cause of the death was the original negligent act. If the proximate cause of the death was something unrelated to the wrongful death claim, then they could not bring the wrongful death claim.
Pre-Existing Conditions and Wrongful Deaths
If a minor collapses active, and it is discovered that the child had a pre-existing condition that led to their death, there would most likely not be an at-fault party. Surviving heirs would have to prove that there was a legal duty, that there was a violation of the legal duty, and the violation or departure from the legal duty proximately caused the accident. Alternatively, a surviving heir’s attorney would have to show that the death was an intentional act by someone. Because of the adverse effects of a pre-existing condition could have when seeking compensation, representatives of a decedent need to consider working with a Bowling Green wrongful death of a minor lawyer.
There has to be an at-fault-party in order to successfully bring the wrongful death claim. This is because, under Ohio and Bowling Green law, collecting for the death of an individual is called the tort system. Under the tort system, there has to be a fault. If there is no fault, then there is no compensation. The goal of the tort system is to put a victim or their heirs back in the same conditions they were in before the accident caused by the responsible party. If there is not a responsible party, then there is no reason to force anybody else to pay for the death of another individual.
Forms of Compensation Available to Surviving Heirs
After the wrongful death of a minor, loved ones may collect for economic damages such as medical bills. If there are any lost wages, they may also collect those. They could collect for funeral expenses, and non-economic damages, such as pain and suffering, inconvenience, and loss of consortium, which is basically a loss of services and a loss of the relationship with the individual’s parents and siblings.
Talk with a Compassionate Attorney
The loss of a child is something no parent should experience. However, when a negligent person acts in a manner that leads to the untimely death of your loved one, you need to speak with an attorney who could help you recover compensation. While no amount of currency could ever replace your child, it could help with medical bills and any other financial losses you experienced because of the death of your son or daughter. When you are ready, speak to an attorney who could draft a formal claim against a negligent party.