The loss of a child is unlike any other loss a person can experience. It often lacks the financial ramifications of other losses because a minor is rarely the family’s breadwinner. However, it can be difficult to quantify those losses in a way that translates into damages. A compassionate wrongful death attorney could examine the facts surrounding a case and help you understand the options available for compensation during this difficult time.
While the financial help may be beneficial, the justice aspect of damages is far more critical for many families. Our attorneys at Tomeny | Best could help you explore all possibilities for recovery after the wrongful death of a minor in Iberville Parish.
Eligibility for Filing a Lawsuit
A wrongful death of a minor can happen from a wide variety of circumstances, including auto accidents, drownings, or medical negligence, and the person bringing the lawsuit, generally the descendant’s parents, must prove that negligence was a factor in the child’s death in Iberville Parish. It is important to note that if the child did not leave behind their parents (or a spouse or their own children), their siblings could file a suit, and if the child did not have siblings, the grandparents could file a claim.
The person bringing a lawsuit must show that a party did not observe a duty of care to keep the child safe, and because of this negligence, it caused the child’s death. An understanding attorney from Tomeny | Best could examine all the facts surrounding a case, including reviewing accident reports, gathering witness statements, or analyzing medical records to help prove fault.
Understanding Available Damages for a Case
The expenses related to death in Iberville Parish can be difficult for a family after the wrongful death of a minor. Funerals, as well as any medical care that was needed, could be costly. Because parents and caregivers are responsible for a minor’s medical bills even after the child passes, a family may be dealing with overwhelming debt. A diligent attorney could look into a claim’s facts to understand if damages could be awarded to the family.
There are three categories of damages potentially available in a wrongful death suit. To obtain these damages, a person must demonstrate that there is a basis for them, as not all types are available in all cases.
Special Damages
Special damages refer to compensation for economic losses. When the person is a minor, these damages often focus on funeral expenses and medical bills. However, the reality is that some children do work to provide money for their families. When a lawyer can establish a financial loss for the family, they can make that claim in a lawsuit.
General Damages
General damages refer to losses such as pain and suffering, loss of companionship, and emotional trauma. This pain is long-lasting as the family will continue to experience grief and loss, and damages could be awarded for this purpose.
Punitive Damages
Punitive damages are a way to punish the wrongdoer, and they are not available in most cases. Instead, the wrongdoer’s behavior must be outrageous. An experienced attorney could explore whether the circumstances surrounding a minor’s wrongful death support that claim.
Our Iberville Parish Attorneys Could Help You Determine Your Options After the Wrongful Death of a Minor
At Tomeny | Best, we know that there is no remedy for the loss of a child. However, there is a measure of justice in getting a wrongful death settlement when someone’s negligent or reckless behavior led to your child’s death. It can also help prevent other families from experiencing the same loss.
After the wrongful death of a minor in Iberville Parish, our attorneys are available to listen. Schedule a free consultation at your convenience to learn about your available options.
