It is hard to imagine a more painful and traumatizing loss than the death of a child. There is no greater tragedy or injustice. When such a loss was caused by negligence or the lack of care by the person responsible, justice cries out that they be held accountable. The National Institutes of Health reports that the leading cause of death of children and young adults between the ages of one and 24 years is accidents. Auto accidents account for the largest number of accidental deaths. Fatal accidents also occur when struck by a car,truck, bus or motorcycle strike children while using scooters, Razors, rollerblades, motor scooters, mopeds, Vespas or as pedestrians. Other causes of accidental death include drowning, swimming pool accidents, scalding, burns, child abuse, neglect, shaken baby syndrome, electrocution, poisoning and strangulation. When these tragedies occur, determining who was responsible and holding them accountable becomes part of the recovery process.
Florida's wrongful death statute governs claims for the loss of the child. There is a shortened period of time within which death claims must be filed. Normally within two years. The law requires that an estate be opened in the Probate Court and a personal representative be appointed by the court to pursue recovery on behalf of the estate and each survivor. Who may recover and what types of damages are controlled by the statute. In general, each parent of a deceased minor child may recover for mental pain and suffering from the date of injury. Medical and funeral expenses may be recovered by the survivor who paid them. Other damages may include loss of earnings and loss of prospective net accumulations to the child's estate.
Seeking the advice of an experienced injury and wrongful death lawyer is an important first step in the process of holding the wrongdoer accountable. Many cases require specific investigations beyond what may have been done by any law enforcement agency. Investigating all parties responsible, conducting assets investigations, documenting and preserving critical evidence, and determining any possible insurance policies are essential steps to be taken.
The death of a child can create enormous stress on the relationship between the child's parents. People deal with such tragedies and grieve in different ways. In addition to holding wrongdoer accountable, those suffering such a loss should be encouraged to accept support from family, friends, and loved ones, as well as from a skilled and experienced professional counselor.
Nothing is perhaps more tragic or sad than the wrongful death of a child. As a parent myself, I cannot imagine anything much more painful than the thought of losing one of my own children. I can only guess how painful this loss must be for a parent. The pain of the loss may be magnified even more because of the manner in which the child died, like for instance due to another person's negligence.
Because this book covers the subject of child injury claims, it would be incomplete without addressing the subject of a child's wrongful death caused by another's negligent or reckless conduct. There are special laws in place that address this type of claim. On the one hand, the thought of a parent asking for compensation for the loss of a child may seem offensive or even repulsive to some. Clearly, no amount of money will ever bring back the child or make up for such a terrible loss. On the other hand, the law recognizes such a claim and gives a parent a specific right of redress against the responsible party. The recovery of compensation may also play a part in holding the responsible party accountable for such a terrible harm, and may also act as a deterrent to future similar acts. The claim may also assist parents in the grieving process and help bring closure, although the memory of that event will almost certainly never go away.
No doubt that a parent who loses a child will always grieve for that child until the day that parent dies. For those parents who are experiencing such a tragic loss, I want this chapter to make them aware of the specific laws, procedures and issues that may arise in a wrongful death case brought for the death of their child. In Washington, a wrongful death claim is governed by certain laws called statutes. Unlike a personal injury claim, the wrongful death claim may only be authorized by the legislature. A wrongful death claim is based on statutory law as opposed to common law which is created by our courts in specific fact situations. The laws governing such a claim may differ from state to state. Usually, but not always, the law of the state where the death occurred will be the law that controls.
Washington's Wrongful Death Law
The state of Washington permits a parent to recover damages for the loss of a minor child, as long as the parent has regularly contributed to the support of the child. The requirement that a parent must regularly contribute to the support of the child was a recent change to the law. This change was made to prevent a parent (often a father) who never or rarely supported the child during the child's lifetime from thereafter profiting financially from the child's death. The question of whether the parent regularly contributed to the support of the child is a question of fact. This means that it is up to the judge or jury to determine whether the parent regularly supported the child according to the facts of the case.
Both James Dodson & Christopher Davis are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
James Dodson has sinced written about articles on various topics from Injury Claims, Auto Insurance and Legal Matters. Attorney James W. Dodson is a Clearwater, Florida with over 20 years experience representing clients in all types of injury claims including v. James Dodson's top article generates over 22200 views. to your Favourites.
Christopher Davis has sinced written about articles on various topics from Family, Marketing and Wrongful Death. Christopher M. Davis is a focusing personal injury cases. He is also known as a. Christopher Davis's top article generates over 22200 views. to your Favourites.