When a person dies because of someone else’s negligent or wrongful conduct, his or her survivors may bring a wrongful death claim. All cases are emotional, but it is particularly agonizing when a child is involved. Some jurisdictions put limits on recovery in wrongful death cases involving children, and Wrongful Death Lawyers in Burlington VT can help clients understand these limits and work within them to get the maximum recovery under the law.
Wrongful Death Litigation and Survival Actions
It is vital to learn the differences between wrongful death actions. Survival actions are brought on behalf of a deceased person, and they seek damages the person would have received had he or she survived. For instance, if a person dies in an auto accident, a survival action can allow the family to recover for emotional distress and negligence.
A wrongful death claim is filed on behalf of the surviving family, and it seeks damages for funeral expenses, pain, and suffering, and lost support. These damages are not recoverable by surviving victims and, in most cases, families bring these suits to court.
Losing a Child
Some rules apply specifically to cases where children die wrongfully. Parents should consider that they may not have many tangible losses if a minor child passes away because minors typically make no monetary contribution to a household. However, parents suffer intangible losses, so they’re still allowed to file a suit. While no amount of financial compensation can bring a lost child back, it can allow the rest of the family to get back on track in other ways. However, if the child is abandoned before they reach the age of majority, parents cannot profit from wrongful death litigation filed on the decedent’s behalf.
Hire a Compassionate, Competent Lawyer
When a family deals with the premature death of a relative, especially a child, it is tough to navigate the legal process without help. Patient, understanding, and compassionate Wrongful Death Lawyers in Burlington VT understand that parents need all the help they can get. Visit the office of McVeigh Skiff LLP or call to schedule a free consultation with a local wrongful death attorney.