Charles E. Boyk Law Offices, LLC
In Fremont, some common causes of the wrongful death of minors involve medical malpractice, car accidents, truck accidents, and drowning. No matter the cause, a Fremont wrongful death of a minor lawyer understands that the loss of a child is the worst thing that could happen to a family. If you have experienced the death of a minor, reach out to a compassionate wrongful death attorney for help. Let a lawyer guide you through this trying ordeal and provide the support and legal advice you may need.
Fremont wrongful death cases involving minors may vary when compared to the wrongful death of an adult. In both situations, a person typically has an estate opened and approved by the probate court. Economic damages in the future are a regular part of a wrongful death case while a person in an adult case could hire a vocationalist to evaluate the potential future income of the adult. An economist could calculate that number to a present value. Economic loss can be an extremely large portion of damages in an adult wrongful death case.
It could be difficult to try to calculate future economic loss in a child’s case since there may be more speculation. However, the family who has lost the life of a minor could be viewed in a more sympathetic life.
If a minor collapsed while being active and it is discovered that the child had a pre-existing condition that led to their death, the situation could still be considered as wrongful death. Typically, plaintiffs must show that the proximate cause of the death was the negligence of another individual to prove a wrongful death case. If a minor had a pre-existing condition and they were more susceptible to the negligence causing the death, a wrongful death claim may still be pursued. The case could become a battle of expert witnesses arguing whether that the individual died from the existing condition or as a proximate cause of the negligence of another person.
In order to recover damages, the plaintiff must prove that the at-fault party was at least 51 percent responsible for the accident. If the defense was not 51 percent or more responsible for the accident, then the plaintiff will be barred from damages.
While a wrongful death case could not typically be pursued if an at-fault party is unidentified, Ohio law dictates that a person could name an at-fault party. If there were witnesses to a hit and run accident case where the driver was never found, a person could sue a John Doe defendant and their own insurance company for uninsured motorist coverages for the wrongful death. While there was not a known party, they could still sue the unknown party and may be able to collect on an underinsured or uninsured motorist policy. This typically depends on the insurance contract.
The line between the wrongful death of a minor in Fremont and negligence leading to the death of a minor is the intent. To bring a claim for wrongful death, an individual needs to prove that the wrongful party was negligent or committed either negligent or intentional acts. A person may not be able to bring a successful claim if they do not prove that the third-party was negligent. Proving negligence means there was a duty which was breached, and this breach led to the passing away of a minor. For more information, contact a compassionate Fremont wrongful death of a minor lawyer today.