Wrongful death is a legal term that refers to a situation in which someone dies as a result of another party’s negligent, reckless, or intentional actions or inactions. It allows the surviving family members or representatives of the deceased person to bring a lawsuit against the responsible party seeking damages for their loss.
Infant wrongful death specifically refers to the death of a child who is under the age of 18. The cause of the child’s death may be due to medical malpractice, a car accident, or other forms of negligence, recklessness, or intentional harm.
Infant wrongful death lawyers are attorneys who specialize in representing the parents or guardians of children who have died as a result of wrongful actions or inactions by another party. They help families pursue legal action against the responsible parties, including filing lawsuits, negotiating settlements, and advocating for the family’s rights in court.
These lawyers understand the emotional and financial devastation that comes with the loss of a child and work to help their clients obtain compensation for medical expenses, funeral costs, lost income, and other damages related to the child’s death.
What Are Some Examples of Infant Wrongful Death?
There are several examples of situations that could lead to infant wrongful death, including:
- Medical malpractice during pregnancy, labor, or delivery, which could include misdiagnosis, improper monitoring, or failure to perform a timely C-section.
- Negligence during infant care, such as failing to properly supervise a child, providing the wrong medication or dosage, or improperly securing the child in a car seat or other safety equipment.
- Accidents caused by defective products or equipment, such as defective cribs, strollers, or car seats that fail to protect the child from harm.
- Accidents caused by the negligence of others, such as car accidents, pedestrian accidents, or drowning incidents.
- Physical abuse, neglect, or intentional harm inflicted on the child by a caregiver, parent, or other responsible party.
In any of these situations, if the infant’s death can be linked to the negligent, reckless, or intentional actions or inactions of another party, it may be considered wrongful death.
What Is a Infant Wrongful Death Claim?
An infant wrongful death claim is a legal action brought by the parents or guardians of a child who has died as a result of someone else’s negligence, recklessness, or intentional harm. The purpose of the claim is to seek compensation for the damages suffered by the family due to the death of their child.
To prove an infant wrongful death claim, the following elements must be established:
- Duty of care: The responsible party had a duty to provide reasonable care to the child.
- Breach of duty: The responsible party breached that duty by acting in a manner that fell below the expected standard of care.
- Causation: The responsible party’s breach of duty caused the child’s death.
- Damages: The child’s death caused damages, including medical expenses, funeral costs, lost income, and emotional distress, that the family can be compensated for.
To establish these elements, evidence such as medical records, witness statements, expert testimony, and other relevant information may be presented in court. An experienced infant wrongful death lawyer can help gather and present this evidence and build a strong case on behalf of the family. If the claim is successful, the family may be awarded compensation for their losses.
What Should I Do if I Need to File a Infant Wrongful Death Claim?
If you need to file an infant wrongful death claim, the following steps can be taken:
- Consult with an experienced infant wrongful death attorney: It is crucial to consult with an attorney who specializes in infant wrongful death cases as soon as possible. The attorney can explain your legal options, answer your questions, and help you understand what to expect throughout the legal process.
- Gather evidence: To build a strong case, evidence such as medical records, witness statements, and other relevant information should be gathered. An attorney can assist in obtaining this information.
- File a lawsuit: Once the evidence has been gathered and analyzed, your attorney will file a lawsuit on your behalf in the appropriate court.
- Negotiate a settlement: If the responsible party is willing to negotiate a settlement, your attorney will work with them to obtain the best possible outcome for your family.
An infant wrongful death settlement is an agreement reached between the family of the deceased child and the responsible party, in which the responsible party agrees to pay a certain amount of compensation to the family. Settlements can often be reached without going to trial, which can save the family time, money, and emotional distress.
An experienced wrongful death attorney can help with a claim in several ways, including:
- Providing legal advice and guidance: An attorney can explain your legal options and help you make informed decisions throughout the legal process.
- Gathering evidence: An attorney can help gather and analyze evidence to build a strong case.
- Negotiating a settlement: An attorney can work with the responsible party to negotiate a fair settlement on behalf of your family.
- Representing you in court: If necessary, an attorney can represent you in court and advocate for your rights and interests.
- Providing emotional support: Losing a child can be a devastating experience. An attorney can provide emotional support and help you cope with the legal and emotional challenges of your situation.
Can Criminal Charges Be Brought for Infant Wrongful Death?
Criminal charges can be brought for infant wrongful death if an intentional act, such as murder or manslaughter caused the death. The criminal laws involved in such cases vary depending on the circumstances surrounding the child’s death.
For example, if the child’s death was caused by physical abuse, neglect, or intentional harm inflicted by a caregiver, parent, or other responsible party, criminal charges such as murder, manslaughter, or child abuse may be filed against the responsible party. In such cases, the state prosecutor will have to prove beyond a reasonable doubt that the responsible party committed the crime.
If the child’s death was caused by an accident, such as a car accident, criminal charges may or may not be filed depending on the circumstances. If the responsible party was driving under the influence of drugs or alcohol or was driving recklessly, they may be charged with vehicular manslaughter or other criminal offenses.
Criminal charges and civil lawsuits are separate legal actions that can be brought for infant wrongful death. A criminal case involves the state prosecuting the responsible party for a crime against society, while a civil lawsuit involves the family of the deceased child seeking compensation for their loss. It is possible for both a criminal case and a civil lawsuit to be brought for the same incident.
Do I Need a Wrongful Death Lawyer?
If you have lost a child due to someone else’s negligence, recklessness, or intentional harm, seek legal representation from an experienced infant wrongful death lawyer. A wrongful death lawyer can help you understand your legal rights, guide you through the claims process, and work tirelessly to obtain justice and compensation for your loss.
Don’t wait to seek legal help. Contact a wrongful death lawyer today to schedule a consultation and learn more about your options. Your lawyer can help you fight for your family’s rights and interests during this difficult time.
