Wrongful Child Death Attorney in Louisiana
The death and loss of a child is the ultimate tragedy. In fact, parents or guardians will often admit that nothing can be more devastating. No one should ever have to carry the never-ending weight that comes with a child passing away due to an injury, accident, or illness because it’s truly one of the worst experiences.
At Gordon McKernan Injury Attorneys, we understand that a wrongful child death can make you feel like your heart has been ripped out of your chest. In 2016, there were 20,360 deaths among children and adolescents in the United States. More than 60% resulted from injury-related causes, which included 6 of the 10 leading causes of death.
If your loss was the result of another’s carelessness, you could be feeling a mix of strong emotions. Although nothing can replace the tremendous amount of pain that comes with losing a child, the wrongful child death lawyers at Gordon McKernan Injury Attorneys are here for when you’re ready to take action. Until then, you have our deepest condolences.
What Qualifies As Wrongful Child Death?
When someone dies due to someone else’s carelessness or neglect, it can be considered a wrongful death. When this happens, the family or legal guardian(s) can file a wrongful death claim to seek equity on their behalf. In a case like this, a representative of the deceased’s estate will be appointed to represent their interests in the proceedings.
If the victim was a child, then it would be classified as a wrongful death of a child. However, the person filing the suit has to have some sort of connection to the deceased child. So, a legal parent or guardian should have no problem filing a suit for an unfortunate case like this, while people with more tenuous connections may not be allowed to.
This is why it’s important to hire an experienced wrongful child death attorney to represent your loved one and give you legal advice in the proceedings to come.
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Who Can File a Wrongful Child Death Claim in Louisiana?
On one hand, sometimes child deaths are inevitable. Genuine accidents do unfortunately happen. On the other hand, there are situations where these deaths could have been avoided. When that happens, there may be a case for a wrongful child death claim.
In Louisiana, only certain family members are allowed to file a wrongful death claim, in a specific order:
- The surviving spouse or children of the deceased child (if they were young, this might not apply), or
- The surviving parent(s) of the deceased child, or
- The deceased’s surviving sibling(s), or
- The deceased’s surviving grandparent(s)
These relationships also apply to adopted relationships, and the right to sue is inheritable, which means it can pass down the list if someone higher up passes away before bringing a suit.
Common Factors Leading to Wrongful Child Death in Louisiana
When a child dies due to the fault of another, it’s considered a wrongful child death. The liable party in a case like this can be a person, or perhaps an entity, like a government or corporation. The most common types of incidents causing child deaths include:
Wrongful Child Death Damages
Just like any kind of suit, the main goal is to gain compensation from the responsible party. Even though nothing can undo what happened, some help can ease the burden and weight that comes with wrongful death of a child. Some of the damages that can be brought from this kind of suit include
- Loss of Love and Companionship
- Pre-death Pain and Suffering
- Funeral and Burial Costs
- Medical costs of the injuries, prior to the wrongful child death.
If you find yourself in a situation where you want to pursue a wrongful child death suit, it’s important to not do it alone. You should be allowed to heal and grieve, as well as shift some of the weight of seeking compensation to those able to get it for you. If you find yourself in need of an experienced professional who will fight for you, and for the memory of your beloved child, give us a call today.
Proving Liability in a Louisiana Wrongful Child Death Claim
Much like other personal injury claims, the plaintiff involved in a wrongful death case has to prove certain elements of the defendant’s neglect, such as:
- Damages: The plaintiff must prove that the child’s death caused them damages, either economic or non-economic.
- Breach of duty: The defendant must have owed a duty of care to the victim, and have breached that duty. For example, doctors have a duty to their patients’ health, and everyone on the road has a duty to keep other drivers safe by following traffic laws.
- Negligence: The plaintiff and their lawyer must prove their child’s death was due to negligent actions of the defendant.
- Causation: The defendant’s breach of duty must have led to the victim’s death—either partly or completely.
It requires strong and convincing evidence when it comes to proving each of these in court. So it’s a good idea to call witnesses to help attest to the facts of the case as well. A wrongful child death lawyer in Louisiana can help you find these witnesses in order to discover other evidence that may be present.
When Should I Call a Louisiana Wrongful Death Lawyer?
After your child has been killed in an accident, a number of emotions take over: frustration, sadness, anger, and confusion. You have a right to want answers for their death and you deserve compensation for your tremendous loss. Gordon McKernan Injury Attorneys understand that money will never be able to bring back your loved one, but a wrongful child death claim may help you see the light again.
Call the wrongful death attorneys in Louisiana at Gordon McKernan Injury Attorneys today. We offer free consultations and are ready to assist you during this hard time. We’ll get started on your case, and you won’t have to pay us a dime until we win.
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