Wrongful Death of a Minor in Rancho Mirage
Wrongful death occurs when someone’s failure to exercise a legal duty of care to another person leads to a fatal outcome. Such negligence usually becomes the basis for a wrongful death claim. If the decedent is a minor, their family can recover damages.
Navigating cases related to the wrongful death of a minor in Rancho Mirage can be complicated both legally and emotionally. Working with the compassionate attorneys at Walter Clark Legal Group could help you get the money you deserve without exacerbating your grief.
Damages in a Wrongful Death Case
When a child dies because someone acted negligently, the at-fault party must cover related damages. Examples include:
- Medical Expenses: Costs incurred for the minor’s medical care before passing, including hospital stays, surgeries, and medication
- Funeral and Burial Costs: Expenses related to the minor’s funeral service and burial or cremation
- Loss of Companionship: The emotional impact on parents and siblings due to the loss of the minor’s love
- Pain and Suffering: Emotional and psychological distress experienced by the minor before passing and by surviving family members afterward
- Punitive Damages: In cases of gross negligence or intentional harm, courts may award punitive damages to deter similar conduct in the future
The amount of damages in a case based on the wrongful death of a child in Rancho Mirage depends on many factors, such as the quality of evidence presented by the legal team. While some damages, such as emotional pain, may be obvious, they must still be proven.
Who Can Recover Damages?
When a minor dies, the primary parties that can recover damages in a wrongful death lawsuit are the biological or adoptive parents of the minor. If the minor had legal guardians instead of parents, the guardians may have the right to bring a claim.
When a wrongful death of a child in Rancho Mirage occurs, the child’s family is in a tough emotional state. Many parents or guardians do not think about damage recovery. Meanwhile, they only have a limited time to file a lawsuit. In California, the statute of limitations for wrongful death cases is two years from the date of the minor’s death.
Examples of Wrongful Death Lawsuits Involving Children
When the wrongful death of a minor occurs, it may not always be obvious to the parents or guardians that they can seek compensation. Some of the most common situations that warrant filing a wrongful death claim are:
Car Accident
A minor is in a car with a driver who is texting while diving. This lack of attention causes a serious crash, which leads to the minor’s death.
Medical Malpractice
A child is undergoing treatment in a hospital. The doctors or nurses administer the wrong dosage of medication or fail to monitor the child’s condition after the surgery.
Take Legal Action After the Wrongful Death of a Minor With the Helpo of a Rancho Mirage Lawyer
If you believe that someone’s negligent behavior caused your child’s death, you could have a basis for a wrongful death lawsuit. To avoid errors and get the compensation and justice you deserve, consult a well-practiced and skilled attorney.
At Walter Clark Legal Group, we know how to navigate cases involving the wrongful death of a minor in Rancho Mirage. Contact us for a free consultation.