Wrongful Death Claims for the Loss of a Child
Personal Injury Lawyers Pursuing Wrongful Death Cases for the Death of a Child
We encourage our children to chase their dreams, be fearless, and seek excitement. This helps them learn and grow. They try new things they ordinarily would not have including bicycling, boating, exploring, and other forms of entertainment and adventure.
Unfortunately, these can often lead to accidents, even fatal ones, that may cause death to the child (or minor children), pain and suffering, loss of the child's limbs, serious medical injury, or other loss.
This can leave parents or any person (especially adult children, parents, surviving children) heartbroken over the child's passing. The loss of minor children strikes at the core of parents and every family but you may be able to get help after the child's passing.
Our Chicago, Illinois Law Firm Can File a Wrongful Death Case on Behalf of Parents for Your Pain and Suffering
If your child was harmed or killed in an accident, then contact us over the phone for a free consultation.
An attorney from our office may help you understand child's and parent's rights in court for damages and other financial support in cases of child fatalities. A court case for the estate of a killed minor child or adult child may help the parents in many ways to get over the child's death or loss beyond just the award amount.
Rosenfeld Injury Lawyers LLCS could discuss how much relief is available in cases for free for the parent's and child's wrongful death pain and suffering under the law if you give our office a phone call for a free consultation.
Contact us over the phone or through live chat to speak with an attorney from our law office suite. We would be able to discuss the value of jury cases and personal injury trial case options. Our team cares deeply about the rights of parents and a legal case might be able to put you on a path to recovery.
Getting Help After the Loss of a Little Boy or Girl
Parents might think there is nothing you can do after the wrongful death of your little boy or girl. The pain and suffering of losing your child may be too great and parents or a parent may conceivably wonder what a claim or case could do.
An attorney from our office can sit down with you for free and show you the help and compensation that is possible through trial or settlement after the accident.
We know the law and we know what a person like you can get. Rosenfeld Injury Lawyers LLC has fought for many families after the wrongful death of a minor child in Chicago, IL. They happen in many different tragic circumstances such as a car accident, pool drowning, choking on a toy, medical malpractice, bicycle crash, animal attack, or other situation.
Let us review the recovery and damages available in Illinois state court now for parents in a wrongful death case in court.
Wrongful death accident economic damages: Parents can seek recovery for all of the costs of a wrongful death of a child including adult children in a case. The person that killed your departed family member must pay for the expenses and costs of the dreadful incident. If they will not pay, you can take them to trial in a wrongful death lawsuit with an experienced wrongful death attorney.
Wrongful death accident non economic damages: A parent or parents often find that their departed kid leaves them with scars and damages that are not visible but no less real. You can seek relief for these non economic damages in a wrongful death lawsuit including for things like lost life normalcy and reduced quality of life.
Wrongful death accident punitive damages: People close to a deceased child, like parents, can bring specific claims for wrongful death. These are different causes of action of economic or non economic damages. Instead, they seek justice and compensation for the actual death. They typically include sums for lost companionship when it is a child or loss of consortium when it is for a spouse.
Contact us to talk to an attorney from our law firm in a free consultation. You can call us on the phone or speak through live chat with someone from our office. Just leave your name email when you are available for help so a person from our law firm may get back to you for free assistance.
What You Need to Prove After a Fatal Accident
Parents need to hone in on the elements of a wrongful death case after your child dies or is killed in order to get justice and recovery.
Your case value will be dependent on this task. The state of Illinois has a few key case elements to every wrongful death claim and our law firm has lots of experience proving them in court.
Let us go over each of them in turn right now so that you can get a sense of what it would take in trial to win and what help you could receive after that under the law.
- Your child died or was killed. This may sound obvious but you must first assert that someone passed away and you must state clearly who that was.
- The death was caused by the negligence or intentional act of the defendant or defendants. This part can be tricky because the perpetrator may try and argue that someone else caused the death or that the decedent himself alone was responsible. In any case, you must prepare with your attorney to dismiss these objections.
- Loved ones, family members, spouses, or significant others experienced harm or financial loss.In every case, the plaintiff must allege particular loss and that is no different here. The difference with wrongful death lawsuits is that you are claiming you suffered by extension of the death of someone else. In the state of Illinois, it need only be a family member, spouse, or partner but another state may have a tighter requirement for your relationship with the person that was killed. You should verify your ability to bring a case like this with an attorney.
You do not have to deal with the death of a child by yourself. Every parent deserves their day in court. Give our office a phone call to talk with an attorney in a free consultation. The law is on your side and we can help you see what the value of a case could be in Illinois.
How an Accident Can Take the Life of a Child
A parent may not want to think about how a child may lose his or her life but there are some circumstances that lead to danger more than others.
Our law office works with a parent that loses a child in a fatal accident in jury court or other case settings. We have seen how they may unfortunately happen.
Here are the most common ways that a child may pass away accidentally:
- Car accident
- Pool drowning
Every attorney in our legal suite knows the personal trauma a parent goes through after losing a child. We fight in court so that the wrongdoer would know that too. Contact us over the phone or through live chat to see how we may be able to help you and your family today.
Statistics About Fatal Child Accidents in Illinois
Here are some facts and figures about fatal incidents for children that parents should be aware of. If you have any questions about a case, you may call our office for a free consultation.
- Hundreds of babies die from pool drownings each year.
- Some of the most common ways that children die each year include drowning, choking, car accidents, fires, and suffocation.
- Parents are allowed to bring a case for the death of their child within two years of the fatal accident in Illinois.
- Medical bills and funeral expenses for a wrongful death accident involving a child can be as much as tens of thousands of dollars.
- Trial or settlement from a case may be able to parents with the costs and losses of the tragic events.
Child Death Case Awards and Settlements
Below are some sample cases involving fatal accidents involving minors. We hope that these cases give you a flavor as to how these cases are evaluated by defense lawyers and juries. Keep in mind that many cases may appear to be similar to your situation, but there can be differences.
Consequently, we encourage you to contact our law firm for a free consultation with an experienced attorney.
$1,000,000 Wrongful Death for Minor MVA Accident in Chicago, Illinois; 2020:
A woman, under the influence of drugs, put a little two-year-old boy into a car and began to drive away. The woman did not realize that the child left the motor vehicle and walked around the back of the car.
Then, she went to leave but ran over the boy instead. The kid died almost suddenly. He did not have a lot of personal injury or pain and suffering but the death of a child, especially a minor child, left a huge loss and extraordinary damages for the family.
They consulted the law with a lawyer about what compensation and damages were available from a jury in court, the at fault party, or the insurance company via claim. The family members decided to skip court and a wrongful death case for the death of a child and pursued compensation damages through a claim against the insurance carrier with an attorney.
The two sides settled the matter privately for the sum listed in the title. This was meant to help the parent and surviving family members get over the economic damages and non economic damages of the claim that they could have gotten in court. The child had a long life expectancy and whole life ahead of him and that large settlement reflects that!
$3,500,000 Claim for Wrongful Death Bicycle Crash; Chicago; 2019:
This wrongful death claim was brought by a family after the death of a child. The minor child was biking around a construction site.
A large truck turned right coming out of the construction site and hit the boy. He died not long after these events occurred and the family decided to file this lawsuit for his pain and suffering, damages, and losses that the death of a child normally has.
As the two sides got into the back and forth of any lawsuit with the attorney, the plaintiffs learned that the construction management business negligently controlled the traffic around the area where the accident happened.
This led to the death directly of the family member. Once this became apparent, the negligence of the defendants was not in doubt and the wrongful death case was not in contention. The plaintiffs just had to see with their attorney what kind of recovery was available and how much compensation they could get in front of a judge, jury (award), or through insurance. Eventually, all sides settled for $3.5 million.
$2,250,000 Settlement; Chicago, Illinois; 2017:
This case was brought against the Chicago Park District after a young, teenage boy was killed in a pool. He was just fourteen years old at the time of his death. Apparently, he had been floating in the pool for several minutes before any of the lifeguards on duty noticed that he was in distress.
Then, when they finally did notice the fact that he was in trouble, they did not pull him out of the water and render aid and resuscitation in an appropriate manner. The boy's family member brought this cause of action against the city's park district authority. It alleged the organization was responsible for his pain and suffering and wrongful death.
The wrongful death case for the death of a child eventually went into settlement negotiations because liability was clearly on the shoulders of the park district. The compensation package they agreed upon ultimately was $2.25 million for the family's economic damages and non economic damages.
$975,000 Award for Fatal ATV Crash; Illinois; 2009:
This tragic accident happened in Southern Illinois. A middle-aged man and his daughter were out having fun on an ATV. The little girl was just eleven years old. As they tried to go around a turn, the vehicle flipped over and caused serious personal injury to both.
Ultimately, the little girl died from the events and injuries related to the ATV crash. Her estate accumulated almost $50,000 in medical bills prior to her death and nearly $10,000 in funeral bills after her death.
Her parents and sister were devastated by the wrongful death and the pain and suffering that the minor child experienced. They sought help from a wrongful death attorney and decided to bring a wrongful death lawsuit against the business that rented them the vehicle.
The subsequent wrongful death claim sought compensation for the damages that the unfortunate incident created. The company replied that the tragic turn of events were the result of the plaintiffs' misuse of the ATV and not its fault.
They did not feel they were responsible for this death or the death of a child generally from these circumstances. Yet, the plaintiffs were able to bring them over to settlement talks and the two insurance companies gave them a combined $975,000 recovery package to end the controversy.
$800,000 Wrongful Death Lawsuit; Lake County, Illinois:
This wrongful death claim was filed by an adult family member and another loved one for the estate of a deceased minor child. It sought compensation for the medical bills, pain and suffering, personal injury, punitive damages, and related harms and costs that came about after a tragic boat accident.
The child was tubing in Lake County when a boat behind him turned. That caused a tide to rise and it sucked him in and took his life. The family pursued a wrongful death case against both boat drivers for negligence and wrongful death.
It claimed the two were both responsible for his death and should be liable for their compensatory damages, economic damages, and non economic damages. The pair of defendants filed obligatory responses in court but the insurance company for each eventually took over talks with the surviving family members of the minor child. They gave them $800,000 to settle the wrongful death cases.
Talk to an Experienced Wrongful Death Attorney
We have worked with many families after the tragic death of their child and can speak to you in a free consultation about the value of a wrongful death case.
It may alleviate the pain and suffering, child's harm, estate costs, personal effects, punitive damages, and other loss that the death may have caused. We work on contingency so that you can focus on your family and we can focus on the cases, claims, trial and judge.
You do not have to pay anything until we help you or it is all free. See what the law of Illinois may offer you in terms of compensation today by giving us a phone call.