Unfortunately, accidents happen every day, which can quickly turn fatal. Fatal accidents occur more often with minors due to a myriad of reasons. The most common causes of the wrongful death of a minor include car accidents and drownings.
When a loved one dies after an accident or injury caused by the negligence or misconduct of another individual, company, or entity, a family member may be entitled to bring a legal action for wrongful death against those responsible party. It is always important to contact an experienced wrongful death lawyer as soon as possible, especially considering a lawsuit with its filing deadlines, to discuss their legal rights in the potential case. Speak to a compassionate attorney about cases involving the wrongful death of a minor in Fort Worth.
Common Causes of Fatal Accidents Involving Minors
There are many reasons why a fatal accident could occur. Most of the wrongful death of minors are the result of:
- Motor vehicle accidents
- Medical malpractice
- Defective drugs
- Product recalls
- Swimming pool accidents
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Who Can File a Lawsuit?
With the death of a minor child, the parent usually brings the lawsuit. If an adult dies, the child could bring a suit. When the deceased is a single adult without a child, their parent could file suit. Even more distant, it could fall to siblings or aunts and uncles.
How Does Pre-Existing Conditions Contribute To a Wrongful Death Case?
The legal concept used in cases where injured parties have pre-existing conditions is known as the eggshell skull rule. Under this theory, the person who causes another’s injury is not free of liability because the victim’s pre-existing condition made them more susceptible to a new injury.
The eggshell skull rule applies even in cases where the victim’s pre-existing condition was previously known. If an individual without the pre-existing condition would not likely have been injured in other circumstances, the at-fault party could still be held liable.
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Medical Records as Evidence
When an injury occurs because of someone else’s negligence, the medical records are always a crucial piece of evidence. They provide a clear picture of the individual’s medical condition at the time of the accident and show how the pre-existing injuries had an impact on the accident.
Attorneys look at medical records to determine whether there is a viable personal injury claim. They review the body affected by the new and the pre-existing injury, the time that passed between the old and new injuries, and the individual’s recovery status from a pre-existing condition.
If the client’s new injury worsened their pre-existing condition, the attorney must prove that their new injury was not related to or caused by their pre-existing condition, or that their pre-existing condition was worsened by the new injury.
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Punitive Damages
The wrongful death of a minor and negligence are often intertwined. Punitive damages may be awarded when there is a gross degree of negligence. Punitive damages are generally imposed as a punishment by the court and awarded to the plaintiff in addition to the determined damage amount. Punitive damages are commonly reserved for cases involving outrageous or extremely reckless behavior. They are meant to deter the wrongdoer from acting in that manner in the future.
There is no guarantee that an individual’s case will result in punitive damages. An experienced wrongful death attorney knows how to present the case in a manner that seeks a level of compensation that is appropriate for the case.
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How An Attorney Could Help With The Wrongful Death Of a Minor In Fort Worth?
An experienced wrongful death attorney has previously handled these types of cases. When someone is seeking a wrongful death claim, it is probably the first one they have dealt with, so it is important to bring in an experienced legal professional attorney. Settlement deals are common because many cases never go to trial. A wrongful death attorney may be able to work out a settlement that is larger than anything an individual could negotiate on their own behalf because an attorney is accustomed to dealing with insurance carriers.
When an insurance company does not offer a fair settlement amount, an attorney has the ability, experience, and expertise to file a lawsuit. That is what they need to do and these cases have to be litigated. Insurance companies know that when an individual is dealing with the wrongful death claim on their own behalf, they do not have the ability like an attorney to follow the suit. Call today to learn more about how a lawyer could help with the wrongful death of a minor in Fort Worth.
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