Wrongful Death of a Minor in New Braunfels
The tragic death of a child causes unbearable grief to everyone in the family. The delicate emotional state of parents and guardians often keeps them from taking legal action. Meanwhile, it is possible to recover significant damages.
The wrongful death of a minor in New Braunfels warrants a legal claim. An experienced wrongful death attorney can help navigate the multiple complexities of such cases and help the family receive the money they deserve.
Common Causes of Wrongful Death of a Minor
While children are more likely to hurt themselves than adults, many of the fatal outcomes come from someone else’s negligence. The common causes of wrongful death of children in New Braunfels are:
- Car Accidents: Motor vehicle crashes are one of the leading causes of child fatalities. A driver who fails to obey traffic laws can be held liable for a child’s death.
- Defective Products: Manufacturers and distributors have a legal duty to ensure their products are safe for use, especially when they are intended for children. Parties responsible for defective products like toys or car seats may face a wrongful death claim.
- Medical Malpractice: A child’s death may result from medical errors, including misdiagnosis and surgical mistakes. In these cases, healthcare providers may be liable for negligence.
- Drowning Accidents: Inadequate supervision is the common cause of drownings in swimming pools, lakes, and even bathtubs. Property owners and supervisors may be held accountable.
- School or Daycare Negligence: When a child dies while under the supervision of teachers or caregivers, the institution may be responsible.
To claim damages, the minor’s family has to prove that negligent actions led to the fatal outcome. This needs to be backed by quality evidence.
Damages in a Wrongful Death Case
After proving negligence, the minor’s family has the right to demand several types of damages in a San Antonio wrongful death claim:
Mental Anguish
The psychological damage the wrongful death of a minor causes to the family has to be compensated. To prove mental anguish, an attorney can gather relevant evidence and invite expert witnesses.
The family can also demand compensation for the loss of companionship and relationship, which they may be feeling for the rest of their lives.
Funeral and Burial Costs
The negligent party should also cover all costs related to the funeral and burial of a minor. To prove these expenses, the family would have to provide relevant receipts and contracts.
Medical Expenses
If the child does not die immediately after the accident, they may need treatment. All expenses related to such treatment should also be compensated by the at-fault person or company.
Statute of Limitations
In New Braunfels, the statute of limitations for the wrongful death of a minor is two years. Claims filed after two years are highly likely to be dismissed. In rare cases, the statute can be tolled. For example, if the family member filing a claim is a minor themselves, the two-year clock starts running when they turn 18.
Talk about the Wrongful Death of a Minor with an Experienced Attorney in New Braunfels
If your loved one’s death was the result of someone’s negligence, you have the right to sue. Navigating the wrongful death of a minor in New Braunfels can be complicated. It involves identifying at-fault parties, proving their negligence, and much more.
An experienced attorney from Felix Gonzalez Law can help you fight for maximum compensation. Contact our firm for a free consultation at any time.
