Doan Law Firm Wrongful Death Attorney Explains Rights of Parents When Child is Killed
On Friday, March 2, a truly tragic event occurred at a Payless Shoe Source store in Riverdale, Georgia. a 2-year old girl was in the store with her family. She was trying on shoes with her mother.
At the location where the little girl was trying on shoes, the store maintained a large, yet unsecured mirror. In other words, the mirror was freestanding.
As the 2-year old was checking out her little shoes, the mirror came crashing down on top of her. The child was rushed to a local hospital, where she died from the injuries she sustained in the accident. The Doan Law Firm provides general information on the legal rights of parents when a child dies are the result of the negligence of someone else.
The Death of a Child and Premises Liability
A wrongful death lawyer would rely on what is known as the doctrine of premises liability when pursuing a claim on behalf parents like those of the little girl killed in the Georgia Payless Shoe Source store. The legal principle of premises liability mandates that a business like Georgia Payless Show Source maintain its store in a reasonably safe condition.
In order to pursue a wrongful death lawsuit on behalf of the parents of the child, a preliminary demonstration would need to be made that the owner or manager of a retail venue like Georgia Payless Shoe Source failed to maintain reasonably safe premises, a reasonably safe store. Specifically, in the case of the 2-year old girl killed at the Georgia Payless Shoe Source, a demonstration would need to be made that a large, freestanding mirror of the kind that fell upon the child represented an unsafe condition in the store.
Wrongful Death Lawsuit Overview
Each state has its own set of statutes or laws that deal with a wrongful death case. These laws do a number of things, including delineating who may bring a wrongful death lawsuit.
When the situation involves a minor child that has been killed because of the negligence of someone else, either both parents are lawfully able to bring a wrongful death lawsuit. In some states, there is one technicality that comes into play. Rather than parents filing a lawsuit directly themselves, such a case is pursued by the legal representative of the child whose life was taken wrongfully. Typically, this legal representative is a parent. Moreover, even in this type of situation, the lawsuit is brought on behalf of a surviving parent or parents.
Compensation in a Case Involving the Wrongful Death of a Child
The potential compensation that might be sought and awarded in a wrongful death case involving a child depends on the facts and circumstances of the accident itself, among other issues. In addition, the specific laws of a particular state also come into play. With that said, there are some types of losses for which compensation is awarded in a successful wrongful death claim involving a child. These include:
final medical bills
funeral and burial expenses
mental anguish and emotional distress
Depending on the facts surrounding the death of a child in a wrongful death matter, punitive damages might also be sought in a lawsuit of this nature. Punitive damages represent additional financial recovery. It is awarded in a wrongful death lawsuit when the conduct of the party that caused the accident is deemed to be particularly reckless or egregious.
Punitive damages serve a couple of important purposes. As mentioned a moment ago, they are designed to provide additional financial compensation. However, punitive damages are also intended to provide a sort of punishment of the party that engaged in particularly reckless or egregious conduct, actions that caused the accident.
Hire a Fighter
If you’ve lost a child, or another family member due to the negligent, reckless, or even criminal conduct of another, the first step in best protecting your legal rights is scheduling an initial consultation with a wrongful death lawyer from The Doan Law Firm. The Doan Law Firm maintains a wrongful death attorney hotline at (800) 349-0000 that is staffed 24 hours a day, 365 days a year. This includes all major holidays.
During an initial consultation with a Doan Law Firm wrongful death lawyer, you will get a case evaluation and answers to your questions. There is no charge for an initial consultation.
The Doan Law Firm Attorney Fee Promise
The Doan Law Firm makes a simple, and yet important, promise to you when it comes to attorney fees. You pay nothing unless our legal team wins for you.