Can a Baby Recover Damages After a Parent Dies?

Can a Baby Recover Damages After a Parent Dies?

Charlotte, NC Personal Injury Lawyer

On January 6, 2015, 24-year-old Rebecca Williams was killed when she crashed into another vehicle. At the time of the crash, Ms. Williams was pregnant and was due January 19. Thanks to the quick actions of a state trooper and other medical personnel, the baby was safely delivered by caesarian section at a local hospital. Unfortunately for the child, however, he will grow up without the love, support, care, and nurture that only a parent can provide. Assuming that the crash was the result of the other driver’s negligence, what sort of compensation can the boy recover?

Wrongful Death Suits Compensate Family Members

Sudden and unexpected deaths can wreak havoc on a family. Not only do these traumatic events cause immense emotional and mental suffering, but they can result in a great deal of financial stress as well. By way of example, consider Ms. Williams’ case: her surviving family members will likely face financial expenditures related to her transportation from the scene of the accident to mortuary, funeral expenses, and burial expenses. Not only this, but Ms. Williams’ child and her family will not be able to experience her comfort and company, nor have the benefit of her income. The means by which North Carolina residents can obtain monetary compensation for these types of losses is through a wrongful death suit.

Special Considerations Regarding Wrongful Death Suits Brought on Behalf of Children

In a normal case, the surviving family members (spouse, parents, siblings, etc.) are able to bring a wrongful death suit against the individual whose negligence caused the death of the victim. But because of their age, children cannot file or prosecute lawsuits on their own. Therefore, an adult must file a lawsuit on behalf of the child (sometimes known as the child’s “next friend”). This person is usually a relative of the child, but it can technically be any adult over the age of 18. The person brings the case and receives compensation on behalf of the child.

What is Important to Know About Wrongful Death Suits?

It is important that a wrongful death suit be brought quickly after an individual dies from another’s carelessness. Statutes of limitations begin to run on the date of the fatal accident or the victim’s death and, if the statutory period runs without a lawsuit being filed, then the surviving family members may be forever barred from seeking compensation. Even if a suit is filed before the statute of limitations runs, delaying filing can mean that important evidence necessary to prove fault or the extent of damages is lost.

Contact Bice Law, LLC for Assistance

Losing a loved one is a terrible, traumatic event. The dedicated team of attorneys at Bice Law, LLC can help you navigate the difficulties ahead. Especially when the decedent leaves behind young children, you need the assistance of experienced wrongful death attorneys to ensure the surviving family members are fully and fairly compensated for their losses – emotional and financial.

The personal injury firm of Bice Law will examine your case to determine the type and amount of damages that your injury warrants, including payments for medical expenses, lost income, pain and suffering, and any permanent disability.  We’ll determine whether an out-of-court settlement or trial is the best strategy to obtain maximum benefits for you or your family. If you have suffered injury or harm because of someone else’s actions, take the first step to protect your legal rights – contact the personal injury firm of Bice Law serving both North and South Carolina. You only have a limited time after your injury to file a claim, so act quickly.  Call 877-BICE-877 today or submit an online request  to get a free consultation with a  personal injury attorney. We serve families across both North Carolina and South Carolina.

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