Wrongful Death of a Minor in Victorville
There is no more devastating outcome for an accident of any kind to have than the premature death of a minor child—especially if that accident could have been avoided if just one person had acted more responsibly. On top of that, there are numerous rules and restrictions that apply exclusively to wrongful death lawsuits built around this kind of incident, many of which can make the litigation process even more stressful for the family members pursuing it.
Money alone cannot possibly make up for every form of harm that the wrongful death of a minor in Victorville will cause their loved ones to experience. Still, it can do a lot to reduce the impact of the financial and personal losses that this tragedy will result in. If you are dealing with the loss of a child due to another person’s misconduct, our compassionate wrongful death lawyers could help you understand and enforce your rights under California civil law.
Establishing Grounds for a Wrongful Death Lawsuit
In the state of California, it is possible to file a wrongful death lawsuit in the name of someone who prematurely passes away if that person’s death stemmed directly and primarily from a third party’s negligent or wrongful act. Importantly, this means it is possible to pursue wrongful death litigation not only over incidents like motor vehicle wrecks stemming from a single person’s unintended mistake, but also over professional malpractice by healthcare practitioners or intentional criminal acts like assault or murder.
Under California law, the parent(s), grandparent(s), or legal guardian(s) of a deceased minor always have legal standing to file a wrongful death claim over that child’s death, regardless of what circumstances led up to the death in question. However, if the wrongful death of a minor in Victorville stems specifically from someone else’s negligence as opposed to an intentional criminal act, the right to file suit may belong to anyone who had custody of or participated in regular care for the child at the time of that child’s death.
Recovering Fairly Within Filing Deadlines
It is possible to recover through a wrongful death lawsuit for both the economic and non-economic effects of a child’s premature death, including both past and future losses relative to when the litigation process actually begins. Specific damages which often factor into cases of this nature include:
- Funeral and burial expenses
- Any medical bills for treatment the child received between when they were initially injured and when they passed away from those injuries
- Lost future working and earning capacity
- Lost of household support and services, in some situations
- Lost love, companionship, affection, and moral support
Importantly, even if someone who suffered a wrongful death in Victorville was a minor at the time of their death, the standard “statute of limitations” for wrongful death claims still applies to an ensuing claim. In practice, this means that parents and guardians who lose a child through someone else’s misconduct have two years at most after their child’s date of death to file suit over their losses.
A Victorville Attorney Could Help File Suit After the Wrongful Death of a Minor
The loss of a child is something no parent should ever have to experience. If your family has been impacted by this type of tragedy, you know better than anyone how damaging it can be—emotionally, psychologically, and financially.
Support from capable legal counsel can be important to achieving a favorable result from any type of wrongful death action, but it can be especially crucial after the wrongful death of a minor in Victorville. Call today to discuss your options during a free, confidential consultation with one of our caring legal professionals at Walter Clark Legal Group.