Losing a child is an unfathomable tragedy, and when such a loss is caused by someone else’s negligence or intentional actions, the grief can be compounded by feelings of injustice and anger.
In Santa Ana, families facing this devastating situation have the right to pursue a wrongful death claim to seek compensation for their loss.
This blog post aims to guide surviving families through their rights following the wrongful death of a child, the process of filing a claim, and the potential damages that can be recovered.
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What is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the legal fault of another person or entity. In the context of child accident victims in Santa Ana, these claims can be filed by the surviving family members to seek compensation for their loss.
Wrongful death laws can cover a range of accidents, including car accidents, medical malpractice, defective products, and unsafe premises.
Common Causes of Wrongful Death Involving Children and Minors
Children are particularly vulnerable to accidents due to their age, size, and lack of experience. Some common causes of wrongful death involving children in Santa Ana include:
- Car Accidents: Reckless or distracted driving can lead to fatal car accidents involving children as passengers, pedestrians, or cyclists.
- Medical Malpractice: Errors by healthcare professionals during childbirth or treatment can result in fatal outcomes for infants and children.
- Defective Products: Toys, cribs, car seats, and other children’s products that are poorly designed or manufactured can pose serious risks.
- Drowning: Lack of proper supervision or inadequate safety measures at swimming pools can lead to drowning accidents.
- Premises Liability: Unsafe conditions on properties, such as unsecured balconies or broken railings, can cause fatal injuries to children.
Wrongful Death of a Minor Child: The Impact on Families
The death of a child is a profound loss that affects families in countless ways.
The emotional toll is immense, often leading to depression, anxiety, and prolonged grief. Parents may struggle with feelings of guilt and helplessness, and siblings may experience deep sadness and confusion. The stress and emotional burden can also strain marriages and family relationships.
The financial impact is also significant, with expenses for medical care prior to the child’s death, funeral and burial costs, and lost future earnings if the child had lived to adulthood.
Recoverable Damages in the Wrongful Death of a Child in California
For a wrongful death in Santa Ana, several factors will determine the damages that may be recovered:
- Medical Expenses: Costs accrued for the child’s medical treatment prior to death can be claimed.
- Funeral and Burial Costs: Expenses related to the child’s funeral and burial are recoverable.
- Loss of Future Income: Although it is more challenging to quantify, families can claim compensation for the loss of potential future earnings the child would have contributed.
- Loss of Love and Companionship: The emotional and relational loss suffered by the family is also considered.
- Pain and Suffering: Compensation for the emotional distress and suffering of the family members is an important aspect of damages.
Who is Eligible to File a Wrongful Death Claim in Santa Ana?
In California, the legal framework for wrongful death cases involving minors is outlined in the California Code of Civil Procedure Section 377.60. This law specifies who is eligible to file a wrongful death claim, including:
- Surviving spouse or domestic partner
- Surviving children
- If there are no surviving children, then anyone who would be entitled to the property of the decedent by intestate succession (such as parents or siblings)
In the case of the wrongful death of a child, the child’s parents or legal guardians may file a claim on their behalf.
The statute of limitations for filing a wrongful death in Santa Ana is generally two years from the date of death. However, certain circumstances can alter this timeline, so it’s crucial to consult with a knowledgeable child injury attorney to ensure timely filing.
The Role of a Child Injury Lawyer and Wrongful Death Attorney
Facing the process of filing a wrongful death action can be overwhelming, especially for grieving families. A child injury lawyer can provide invaluable assistance by:
- Investigating the Case: Gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.
- Handling Legal Procedures: Managing all legal paperwork, filings, and court procedures to ensure compliance with California laws.
- Negotiating with Insurance Companies: Engaging in negotiations with insurance companies to secure a fair settlement.
- Representing in Court: Advocating for the family’s rights in court if a settlement cannot be reached.
An experienced Santa Ana wrongful death attorney understands the sensitivity of the situation and works with compassion and diligence to achieve the best possible outcome for the family.
Find a True Advocate for Victims of Wrongful Death in Santa Ana. Call RTM Law for a Free Consultation
Losing a child is a heart-wrenching experience, and when that loss is due to someone else’s negligence, the pain is compounded by a sense of injustice.
Families in Santa Ana who find themselves dealing with the wrongful death of a child have legal rights and can seek compensation through a wrongful death lawsuit.
If you have lost a child in an accident caused by someone else’s negligent behavior in Santa Ana, don’t hesitate to seek justice. Contact RTM Law, APC | Personal Injury Attorney today for a compassionate consultation. We also extend our personal injury services to families with autistic children who are victims of accidents.
Don’t delay filing a claim. Our experienced personal injury lawyer is here to support you through this difficult time and help you pursue the compensation you need to start healing.
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