Atlanta Wrongful Death of a Minor Lawyer
When tragedy strikes and results in the loss of a loved one, the loss you feel is likely tremendous. Understandably, when the loss you have endured is that of your child, grief, depression, confusion, and hurt you feel is may seem insurmountable. Despite how you feel, a lawsuit could provide you a means to hold negligent people responsible for the death of your child. An Atlanta wrongful death of a minor lawyer could help you gather the costs associated with your child’s death, present this information in a well-crafted argument, and place your needs at the forefront of the case. Reach out to a lawyer today.
How Is the Wrongful Death of a Child Case Treated in Civil Court?
The elements of a wrongful death case of a minor are the same as an adult. The victim’s surviving family’s attorney has to prove the wrongful act of another that caused the death of someone. However, the emotions involved are different with a minor. All death is tragic, and all wrongful death is tragic, but there is a particular level of tragedy that is felt with the death of a child. The deceased child did not live his or her life, and so much of the promise and potential of a young life was taken away. This has a particular impact on the parents and the siblings who are left behind.
Common Causes of Wrongful Child Deaths in Atlanta
The minor who dies by someone else’s negligence is usually the result of:
- Car wrecks,
- Sidewalk or neighborhood accidents,
- Medical malpractice,
- Negligent medical care,
- Amusement parks, or
- Shopping malls.
How Do Preexisting Conditions Affect a Claim?
If the child had a pre-existing condition when he or she was involved in an accident, and the child was attended to by medical providers in a timely fashion, but they were not able to do the things that other medical providers would have done in the same circumstance, that could still be negligence. With pre-existing conditions, things could go wrong. If treatment could have been rendered in a timely basis and was not, there could still be grounds for a case there.
Georgia Law states that a wrongdoer or another party takes the person as he or she finds them, so even though somebody may have some pre-existing frailties or some things that might predispose victims to injury, one still has a duty to treat them properly with a certain level of care. If medical providers do not do that, they could still be responsible.
Recoverable Losses After a Death
The damages in a wrongful death of an adult are the same for the wrongful death of a minor in Atlanta, except the full value of the life of the child typically brings more. Both the intangible and tangible things that children would have done to enjoy life, go to college, obtain a degree, work at a well-paying profession; the economic value of their lives. How they would have contributed to the household as well as the things a child had missed out on as viewed from the family perspective are also calculated. Victims miss out on the joys of life, the challenges of life, all the things that they are not able to experience.
Aside from these intangible losses, surviving families could also claim medical expenses, funeral and burial costs, and all real, quantifiable damages.
Negligence and Injury Versus Negligence and Death
The line between the wrongful death of a minor and negligence leading to the death of a minor is essentially at death. Negligence causes injuries and the minor, through the parents, are able to recover for the injuries resulting from that negligence. Once that child dies and the death is determined to be a result of the negligent act, the case becomes a wrongful death case.
Now, if the child dies subsequent to negligence, but for other reasons, then there is no wrongful death case. A negligence case for the injuries that resulted from the negligence could be made, but not a wrongful death case. If the death is linked to the negligent defendant, then there would also be a wrongful death case. Lawyers for surviving family of a minor in an Atlanta wrongful death case could rely upon the expertise of an in-house medical professional to determine the real cause of death for their child and present that medical information in court with cutting-edge technology.
Talk to a Dedicated Team of Attorneys Directly Today
No parents should outlive their children. When the death of your child was caused by the negligence of another person or party, you need to consider taking legal action against them. While monetary compensation cannot undo the tragedy your family has undergone, it could help you with funerary and medical costs. When you are ready to discuss your loss, talk with a compassionate attorney in Atlanta for a wrongful death case claim. Lawyers are ready to talk to you, take calls after hours, and help you with a free case review.
