Can I seek compensation in a wrongful death lawsuit on behalf of a minor child?

There are few things in life more devastating than the loss of a family member, especially the wrongful death of a child. When a child dies because of another party’s negligence or wrongdoing, the law enables the parents and family members to seek justice by holding that person accountable.

There is a wide range of circumstances that can lead to the wrongful death of a child. The number one cause of death for children in the U.S. is unintentional injuries. Some of the most common situations that cause unintentional injuries leading to a child’s death include the following:

• medical malpractice
• auto accidents
• pedestrian accidents
• firearm accidents
• product defects
• suffocation
• falls
• drowning
• fires
• toxic substances

There is no amount of money in the world that can bring back a child or ease the pain of losing a loved one too soon. Still, compensation can bring financial relief and justice to parents struggling with their loss. Damages that can be recovered for the wrongful death of a child include:

• funeral and burial expenses
• medical bills from the decedent’s death or injury treatment
• the deceased child’s pre-death pain and suffering 
• mental pain and suffering
• emotional distress

In the wrongful death of a child lawsuit, a jury might assess the child’s age and life to consider what support that child might have contributed to their parents. Calculating this and the emotional pain and suffering is a complex endeavor, which is why working with a reputable and experienced attorney will give you the best chance at maximum recovery. No two wrongful death cases are the same, so you cannot estimate what your case might be worth based on another case’s financial compensation. If you believe you have grounds to file a claim for the wrongful death of a child, you should contact a lawyer as soon as possible.

Calculating the damages in wrongful death lawsuits involving children is a subjective process. An adult’s earning potential can be established by looking at tax returns and career trajectory. But for a child, this can be significantly more difficult. This is especially true when children die before their talents and abilities have emerged and their paths have become clear. The factors used to determine damages in these situations include:

• the age and gender of the child involved
• the state of the child’s health and his/her estimated life expectancy
• the child’s behavior, habits, and temperament
• the child’s estimated future income
• the relationship of the plaintiffs to the victim
• the health, age, and circumstances of the plaintiffs

How can The Law Offices of Sean M. Cleary help?

In the devastating situation that you lost a minor child in Florida, do not hesitate to contact The Law Offices of Sean M. Cleary, which can offer you the assistance you need to file a wrongful death lawsuit. With over 20 years of professional experience, our attorney has the necessary knowledge, skills, and resources to help you as parents recover the damages you are entitled to.