Wrongful Death And Divorced Parents
January 4, 2022
Wrongful Death Lawyer
If you and your family have the unfortunate tragedy of losing a child due to the negligence of somebody else, you, as a surviving parent of this child, may be able to consider filing a claim against the person who caused the child’s death. When filing this claim, you may be able to receive compensation for the damages that your child’s death has caused you. You should speak to wrongful death lawyers.
The definition of wrongful death is the loss of life that could have been prevented that occurred due to somebody else’s negligence or lack of care on behalf of the other party, or somebody’s intent to cause harm. Wrongful death lawsuits that involve children have been brought on by cases that are typically caused by car and vehicle accidents, defective products and premises liability.
Furthermore, accidents are the leading cause of death in children aged 1 to 14 years old according to the CDC. it can be extremely hard for a parent to bring forth a wrongful death lawsuit after they have lost a child, but parents should be able to make this decision in order to obtain the justice that is deserved for the painful circumstances that led to their child’s death, and a wrongful death lawyer can help them with the decision.
However, when the child has divorced. Since there is a layer of extra complication that can affect a wrongful death lawsuit because the parents are no longer legally married. And that’s what we’re here to talk about today, and if you have any questions about how your divorce can affect the wrongful death lawsuit for a child that you and your divorce partner share, speak to a wrongful death lawyer.
Who can bring forth a wrongful death claim when a child dies?
Only one claim can be brought forth of the wrongful death of a child in court, so the parents can either designate one parent to handle his claim, or they can work together to file a joint claim and make decisions in the claim together. If there are conflicts in making the decisions of who should be allowed to file a wrongful death, claim the peer who has legal custody is the one that can file, and in cases of joint legal custody, one pair is usually planted the right to file a wrongful death claim in the case of the child’s death ahead of time by the court.
What type of compensation occurs in a wrongful death lawsuit that follows the death of a child?
When a child dies due to somebody’s negligence or intentional harm, there are not just financial offices to think about, but emotional ones as well. Financial losses are determined by factors such as age and life expectancy of the child, health and habits in the child’s earning potential if they had grown to adulthood. After a child’s death, a parent might require therapy, counseling or even medication and that may also play a factor in the lawsuit as well.
Reach out to a wrongful death lawyer to discuss your divorce and the taste of your child’s wrongful death.
