Wrongful Death of a Minor in Banning
Losing a child is one of the most devastating events that a family can go through. If the family believes that another person or company caused their child’s death, this can make their grief even harder to bear.
Under California law, parents can bring a wrongful death case against the party responsible for what happened to their child. An experienced attorney could lead the investigation into the wrongful death of a minor in Banning to determine the cause of the tragedy. For a family who has suffered an immense loss, proceeding with a wrongful death lawsuit can help them hold the guilty party responsible through the payment of damages.
California Wrongful Death Cases
Under California Code Of Civil Procedure § 377.60(b), the parents or legal guardians of any child under the age of 18 may file a civil lawsuit for the suffering brought about by the wrongful death of their child. Suppose there are custody complications because the child lived with grandparents or two ex-spouses shared custody of the child. In those cases, an attorney can provide advice about who has standing to file the wrongful death claim. Wrongful death cases are civil matters, not criminal cases. Even if the actions leading to the child’s death also resulted in criminal charges, the wrongful death case would be a separate proceeding. In general, wrongful death cases must be filed within two years of the date of death. For example, if a person dies instantly because of a car accident, the two-year period would begin to run on the date of the accident. However, if the person initially survived the accident but passed away two months later, the two-year period would not start until the day the person passed away. Other special circumstances involving medical malpractice or acts of government officials may also affect the length of this time period. To avoid running out of time, surviving family members should contact a Banning attorney familiar with the legal procedures following the wrongful death of a minor.
Special Considerations for the Death of a Minor
A grieving family may be desperate to understand what happened to their child. By hiring a lawyer, they can hand that responsibility over to a team with the experience, training, and tools to dig out this information. The proactive attorneys at Walter Clark Legal Group could:
- Gather evidence
- Pore over photos and surveillance videos
- Take witness statements
- Review documents such as police reports, medical files, and repair records
They could also hire experts to testify about subjects like proper maintenance and safety standards. Through this investigation, the family can take comfort in knowing that they will at least get some answers. The investigation can also help the family of the deceased show why they are entitled to damages to help them deal with the financial burdens of their loss. These can include economic damages, which include things like:
- Medical costs
- Funeral and burial expenses
- The lost monetary and non-monetary contributions the child made and would make to the family in the future
However, during the case, the judge will also give the jury instructions to consider how to compensate the bereaved family with non-economic damages for the loss of the minor’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Speak With a Banning Lawyer After the Wrongful Death of a Minor
If you are grieving the loss of a child and want to file a lawsuit, you do not have to go through the process alone. Our team could advise you about how to get started with a case for the wrongful death of a minor in Banning.
The outcome of the case will not change the fact that the child is gone, and financial damages can never make up for this loss. But the family can take some comfort in getting answers about what happened and seeing the wrongdoers face judgment for their actions. It can also be a relief to know that your financial burdens will be eased so you can focus on healing emotionally. In these ways, the wrongful death case can become part of the healing process for a grieving family.
