Wrongful Death of a Minor in El Centro

Losing a child is a tragedy, no matter how it occurs. When someone causes that death, the grief, rage, and sense of injustice can be all-consuming. The facts of the case may not support criminal charges, but your family may still have a remedy. California law allows families to pursue a wrongful death claim, holding the responsible party accountable and seeking compensation for your devastating loss.

A seasoned wrongful death attorney could be the key to getting you the justice you deserve. If your family has experienced the wrongful death of a minor in El Centro, understanding your legal rights can provide some clarity and support during this difficult time.

What Is a Wrongful Death Claim?

A wrongful death claim arises when someone’s acts or omissions lead to the death of another. Those acts or ommissions must be negligent, reckless, or intentional. Pursuing legal action for both the financial and emotional losses associated with the death of a loved one is possible through a wrongful death claim. Often, the economic damages associated with these claims are based on the deceased’s earning history. When the wrongful death victim is a minor, the losses depend on the child’s future potential.

Who Can File a Wrongful Death Lawsuit for a Minor in El Centro?

Surviving family members can file wrongful death claims. However, not every survivor has the same rights. Parents or legal guardians have priority. If the parents are not married, cooperating can make it easier to bring a claim. If the parents or guardians do not bring a claim, then the surviving siblings or other family members may be able to do so.

Common Causes of Wrongful Death of Minors

There are countless ways for someone’s negligence to lead to a wrongful death. Some of the most common are:

• Car accidents
• Medical malpractice
• Unsafe premises
• Defective products
• Negligent supervision
• Criminal acts

Identifying the cause of death is a critical part of building a wrongful death case. Helping families identify these causes is an attorney’s job. They do so by investigating the circumstances, gathering evidence, and determining who should be held liable.

Damages Available in a Wrongful Death Claim

El Centro families could get three types of damages in a wrongful death claim after the loss of a minor. Compensatory damages include economic—or tangible—damages and non-economic—or intangible—damages.

Compensatory damages might include:

• Medical bills
• Funeral expenses
• Loss of companionship
• Emotional pain and suffering
• Loss of future financial support the child may have provided

In cases where the responsible party’s actions were particularly reckless or intentional, the court may also award punitive damages to penalize the at-fault party.

Statute of Limitations

Families in El Centro must act promptly when pursuing a claim after the wrongful death of a minor. The state has a two-year statute of limitations (SOL), which begins on the date of the child’s death. If the case involves government entities—such as a school district—the SOL is only six months. Missing these deadlines can result in losing the right to seek compensation. However, many families are still in the fog of grief during those first few months. That makes it critical to consult with a wrongful death attorney as soon as possible.

Contact an El Centro Attorney After the Wrongful Death of a Minor

The wrongful death of a minor in El Centro is a heartbreaking event that no family should have to endure. Holding the responsible party accountable can provide a sense of justice and financial stability. These claims can co-exist with any criminal charges the state may bring against the wrongdoer. The criminal justice system does not award damages to surviving family members and has a much higher burden of proof than the civil justice system.

To explore your legal options and pursue justice for your child, talk to a lawyer at our firm. Whether through settlement negotiations or litigation, a dedicated attorney at Walter Clark Legal Group could guide you through the process, allowing you to focus on healing. Schedule a consultation to learn more.