Suing for Wrongful Death of a Minor Child

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Suing for Wrongful Death of a Minor Child

There are few things in life more distressing and more traumatic than the wrongful death of a minor loved one. A young person is full of potential and literally has a whole world of options at their disposal.

When a child dies through the negligence of another party, that party should be made to pay to the utmost extent allowed by law.

If you have experienced the loss of a minor loved one in your family, you should contact our experienced wrongful death lawyers at the law office of Steven M. Krause, PA, in Anderson, South Carolina. Mr. Krause is well-experienced in wrongful fatalities, and can help you navigate your legal options when your child dies.

How Child Fatalities Occur

When an accident occurs as a result of negligence by some party, that’s when wrongful death becomes part of the equation.

A child might die because of a defective product, from an accident at a run-down playground, a drowning in a neighbor’s pool, being a victim in an auto accident, or a fire at a property.

Whatever the actual cause may be, if it was triggered as a result of oversight or negligence on someone’s part, they should be held accountable. For instance, in the case of the defective product, if it can be proven that the malfunctioning product caused the child’s death, that could constitute negligence.

Who Can File a Wrongful Death Claim For a Child’s Death?

In South Carolina, only the personal representative of the deceased person’s estate may sue for wrongful death. In the case of a minor, that duty would fall to the child’s parents.

It is highly advisable for parents to seek representation by an attorney familiar with all the nuances of a wrongful death case, since either intentional or negligent actions must be proven against the defendant.

In wrongful death cases, it is possible to be awarded compensation for loss of services, loss of companionship, funeral costs, court costs, and medical expenses. If the child survived for a time before dying, there could also be compensation for the psychological trauma they suffered prior to death.

Contact Steven M. Krause

With more than 45 years of experience in law, Steven M. Krause can provide your family with skilled representation in any case involving the death of a minor.

While it may take years to recover emotionally from the wrongful death of a child, you can achieve financial recovery when Mr. Krause pursues the appropriate compensation for your loss. Contact our law office today to find out if wrongful death has occurred and can be proven, and then you can trust we’ll fight for the best possible result.

FAQs About Wrongful Death Claims

What types of wrongful death cases are there?

There are three basic categories of wrongful death cases, those being intentional, negligent, and gross negligence.

Can anyone be sued in a wrongful death case?

There are some exceptions pertaining to who can be sued. For instance, government employees and agencies may be immune from prosecution if their actions were within the scope of their duties.

How do I file a wrongful death claim?

You should retain the services of an experienced wrongful death attorney. The claim must be filed with a court that has jurisdiction over the case. In many instances, a settlement can be reached out of court, and if not, the case must be pursued with a trial.


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