Wrongful Death of a Child Cases in Illinois
Parents can never imagine the horror and devastation of losing a child in a tragic accident or through medical malpractice. When the child’s death is untimely, the traumatic grief can last a lifetime. Knowing that the child’s loss could have been avoided is a burden no parent or sibling can carry.
According to statistics accumulated by the National Institutes of Health (NIH), serious accidents continue to be one of the major causes of death in children. Just some of the ways that children die unexpectedly through negligence or willful intent include:
- Automobile accidents
- Bicycle accidents
- Pedestrian injuries
- Burning and fires
- Falls from great heights
- Child neglect or abuse
- Defective product
- Bad medication
- Childbirth injury
- Medical malpractice
- Shaken baby syndrome
- Flammable clothing
- Dangerous condition on private or public property
- Playground accident
In many incidences, the unexpected accidents or medical errors are preventable. Because of that, any incidents of abuse or negligence against the child can create a civil action by surviving family members to hold responsible parties accountable for their actions. Any individual or entity found legally liable might be required to pay various expenses directly associated with the unexpected death including funeral and burial costs, accumulated medical bills, loss of earnings of an older child along with the pain, suffering, grief and mental anxiety of surviving family members.
Typically, every next of kin has the legal right to file a claim for compensation. This can include parents, surviving siblings, aunts, uncles, grandparents, or any other family member as defined by Illinois state statutes. Typically, the bulk of financial compensation is awarded to parents and any surviving sibling.
Taking Legal Action After Grieving Process
Chicago Injury Center (CIC) provides valuable information on every step necessary to hold responsible parties accountable for their neglect. In addition, CIC is a resource filled-website that can connect you with personal injury attorneys who specialize in compensation claims involving the wrongful death of a child.
When an adult is killed by the negligent or reckless actions of others, determining the financial losses and damages are relatively easy. However, the amount of compensation in a claim involving the wrongful death of a child usually cannot be measured by financial earnings but by any potential love, or element of companionship the child could have provided had they survived.
Determining the financial loss of a young one unexpectedly dying from negligence usually involves:
- The child’s age, state of health, life expectancy, habits, work expectancy and gender
- The earning potential of the child
- The relationship of the deceased child to every individual claiming pecuniary losses
Pursuing a Legal Claim for the Loss of a Fetus or Newborn
Illinois tort law involving wrongful death of a fetus is complex. In some situations, families can file a wrongful death lawsuit when losing a fetus if the unborn is killed through medical malpractice. However, a skilled wrongful death attorney will need to show the viability of the fetus at the time of its death.
Wrongful death claims are applicable when the deceased child is killed because of negligence or an intentional harmful act of others. These incidences can include:
- The intentional killing of the victim
- Death due to medical malpractice
- Negligence including vehicle accidents, premises liability, defective products, dangers exposure or other condition
A Legal Team Committed to Protecting Your Legal Rights Following the Death of a Child
Proving a wrongful death of a child case can be challenging. A skilled Illinois wrongful death attorney will need to show how every defendant in the lawsuit was legally bound to provide a duty of care to the deceased child. In addition, the attorney will need to show how that duty was breached which resulted in the child’s cause of death. Finally, the lawyer will need to prove how every plaintiff in the case is suffering financial or non-economic damages because of the child’s death.
If you have lost a loved one through the negligence, carelessness or intentional action of others, you will likely need to obtain legal representation to hold them accountable and seek financial compensation. You can gain immediate access to reputable attorneys throughout Illinois by contacting the Chicago Injury Center at . Our skilled lawyers have a comprehensive understanding of Illinois personal injury tort law. We accept child wrongful death cases in every county in the state.