The death of a loved one is devastating, especially if it was caused by someone else’s negligent actions. If one of your children has passed away due to the fault of another person, you may be able to file a wrongful death claim. Although a wrongful death case will not bring your loved one back, it could provide closure for you and your family. Contact a compassionate wrongful death lawyer who is experienced in cases involving the wrongful death of a minor in Cherry Hill to see how one of our dedicated attorneys could help you.
Unique Aspects of a Wrongful Death of a Minor
The wrongful death of a minor and an adult are similar from a legal perspective, but from a human element, they are different due to people having more sympathy for a child who has been wrongfully killed as a result of someone else’s reckless conduct. Another difference in the two cases is that when calculating damages when dealing with the wrongful death of an adult, it is a bit easier to determine what their education level was, what their job was, and what their future life expectancy is going to be.
When calculating damages of the wrongful death of a minor, it is difficult to determine if they would have gone to college, what kind of job they would of have, and what their income may have been. This is also an emotional process. Anytime someone dies unexpectedly, there is a lot of emotion but especially when it is the death of a minor. It is something that no parent should ever have to go through.
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Common Causes of Wrongful Death of a Minor
The frequent causes of a wrongful death of a minor are similar to the wrongful death of an adult. The most common examples of wrongful death of a minor in Cherry Hill include:
- Auto accidents
- Drowning in public lakes or swimming pools
- Medical malpractice
- Pedestrian accidents
Preexisting Conditions Impact on a Wrongful Death Case
A wrongful death claim could be filed when a minor has collapsed while being active and it is discovered that the child had preexisting conditions. Depending on the facts of the case, there could be a claim filed against the school or company, wherever the minor was engaging in those activities if the school or company was aware of the preexisting condition. There may also be a claim against the medical providers for that child in a medical malpractice claim if they were aware of the preexisting condition and did not give proper instruction with regard to what activity level this child should undergo.
It all depends on the facts of the situation, but simply because someone has a preexisting condition does not prevent you from filing a wrongful death claim of a minor in Cherry Hill.
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Proving Negligence
In order to file a wrongful death claim, there must be an at-fault party. The first thing that would need to be proven in any wrongful death case is that someone else’s negligence was the cause of the death. If the minor had a preexisting condition that no one knew about or should have known, then there may not be grounds to file a claim.
One of our experienced lawyers could help your case by assigning fault and proving negligence on behalf of the at-fault party.
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Recoverable Damages in Cherry Hill Wrongful Death of a Minor Cases
In cases involving the wrongful death of a minor in Cherry Hill, there may be economic and non-economic damages sought. The economic losses include the medical bills, funeral costs, future lost wages, and future loss of companionship. The non-economic damages are the pain and suffering and the injuries that the minor sustained in the accident.
A seasoned lawyer could help you and your family recover damages following the loss of your child. Call today to schedule a consultation with one of our knowledgeable attorneys.
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