Wrongful Death Cases Arising Out of Child Injuries

Losing a loved one at any age in an accident in the North County area is almost unthinkable, and nobody should have to go through this devastating experience. Yet fatal injuries often arise out of another party’s negligent act or intentional wrongdoing, and in some cases, minors end up being the ones who suffer fatal injuries. Whether your teenager was killed in a car crash or bicycle collision caused by a drunk or distracted driver, or your child sustained fatal injuries in a sports or recreational accident, it may be possible to file a civil lawsuit to hold the negligent party or parties accountable. No one wants to think about losing a child in a preventable accident, but when these terrible incidents occur, it is important for parents to know that they can seek some form of remedy and accountability by hiring a North County personal injury lawyer.

Our North County personal injury and wrongful death lawyers can tell you more about how these types of lawsuits work, and we can speak with you today about your case.

Why a Wrongful Death Lawsuit After a Child’s Death?

According to Stanford Children’s Health, accidental injuries are the leading cause of death in children aged 19 and younger. Falls are the leading cause of nonfatal injuries, while motor vehicle collisions, bicycle accidents, drownings, and choking are the leading cause of fatal accidental injuries in young people up to the age of 19. When a child does sustain fatal injuries, why should a parent consider a wrongful death lawsuit?

In the difficult aftermath of losing a child to an accidental death, it might not feel possible to consider going through a lawsuit. Yet filing a wrongful death claim is often one of the only ways that a parent can hold a negligent party accountable. Through a wrongful death lawsuit, a parent can also seek compensation for funeral expenses and a range of other losses associated with their child’s untimely death.

Parents’ Recovery for Death of a Minor Child

Under California law, when parents file a wrongful death lawsuit for the death of a minor child, a jury can determine the total amount of damages awarded. Damages can include compensation for economic losses, such as funeral expenses, as well as noneconomic losses, such as the loss of the child’s love, companionship, comfort, care, assistance, protection, and affection.

The California jury instructions for Parents’ Recovery for Death of a Minor Child make clear that a parent does not have to prove an exact amount of damages in order to be awarded economic and noneconomic damages. Instead, a jury can award present and future economic damages, and in deciding on noneconomic damages, the jury members can “use your judgment to decide a reasonable amount based on the evidence and your common sense” because “no fixed standard exists for deciding the amount of noneconomic damages.”

Contact a North County San Diego Personal Injury and Wrongful Death Lawyer Today

If you have any questions about filing a personal injury or a wrongful death lawsuit, one of the experienced San Clemente personal injury and wrongful death attorneys at our firm can speak with you today. We have years of experience representing clients in Southern California, and we are here to assist you with your claim. Contact the Walton Law Firm today for more information about how we can help.