Wrongful Death of a Child Attorney
Losing a child due is a staggering loss. When it happens because of someone else’s negligence or wrongdoing, this unimaginable tragedy may be even more difficult to comprehend. Bob and Lauren Byrne of MartinWren, P.C. have first-hand experience with the devastation caused by the loss of a child. They can guide you through this nightmare.
When seeking justice for that terrible loss through a wrongful death claim, the process is both complex and emotionally challenging. It is crucial to explore the difficulties involved in filing a wrongful death claim for the death of a child and the unique considerations that arise in such cases.
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Emotional Impact
The loss of a child is an incredibly painful experience that can profoundly affect parents, family members, and entire communities. The emotional toll makes the process of filing a wrongful death claim especially challenging. Parents may struggle to gather the necessary evidence, interact with legal professionals, and engage in negotiations while coping with intense grief and sadness. The emotional impact can make it difficult to focus on the legal aspects of the claim, adding additional stress and complexities to an already challenging situation.
Legal Standing and Representation
Legal standing is a critical aspect of filing a wrongful death claim for a child. Typically, parents have the primary right to bring such a claim. However, complexities may arise if there are disputes over custody, legal guardianship, or if the child’s parents are not alive or capable of pursuing the claim.
In Virginia, all wrongful death claims must be approved by a court. In addition, there must be a legal representative who is appointed to represent the interests of the deceased child’s “estate.” This means that a parent or other individual cannot settle or file a lawsuit for a wrongful death claim without first being given that authority to do so by a court.
Then, once a personal representative has been named to represent the estate of the deceased child, any settlement that is reached must be approved by a judge. Because naming the personal representative and seeking court approval are both technical processes, it is extremely important that a knowledgeable and experienced attorney represent the estate to ensure that these things are handled correctly.
Even where these difficulties do not exist, legal representation becomes essential to navigate the legal process and ensure the child’s best interests are represented effectively. Among other things, an experienced wrongful death lawyer will help qualify a personal representative to file suit or settle a wrongful death case. Because a wrongful death claim is for the benefit of estate beneficiaries, you must work with an attorney to resolve these complicated claims.
Most wrongful death claims in Virginia have the same statutes of limitations as for personal injury claims. Most personal injury claims have a two-year statute of limitations pursuant to Va. Code sec. 8.01-243. Although most personal injury claims involving children will not expire until the child’s 20th birthday, that is not the case when it comes to wrongful death claims involving children. For those, the statute of limitations will be 2 years from the date of the death pursuant to Va. Code 8.01-244. In addition to these statutes of limitations, some claims also require the wronged party or its representatives to provide notice of the claim to the other side or else lose the right to bring the claim. Those notice periods are typically much shorter periods of time.
Because of these technical requirements, and because of how difficult these claims can be, a wrongful death attorney from MartinWren. P.C. can help with your claim.
Quantifying Loss and Damages
Quantifying the loss and damages in a wrongful death claim for a child can be challenging. Unlike adults who may have a history of earning potential and established financial contributions, children’s future potential is cut short. Determining the financial impact and the value of the child’s life becomes an intricate task. Factors such as the child’s age, potential career prospects, and personal achievements need to be considered. Emotional damages, loss of companionship, and the psychological impact on the parents and family must also be taken into account, requiring skilled legal professionals and expert witnesses. The losses that are available in a Virginia wrongful death action are statutory in nature. These can be found at Va. Code sec. 8.01-52.
In a wrongful death claim under Virginia law, the parties who receive any income that is obtained are called “beneficiaries.” Beneficiaries when dealing with the death of a child can include parents, siblings, and other close relatives. Virginia law sets forth the beneficiaries by statute, and those can be found at Va. Code. sec. 8.01-53.
Proving Future Losses
When seeking compensation for a child’s wrongful death, projecting future losses becomes a complex undertaking. Estimating the potential financial support the child would have provided, including education expenses, medical needs, and other expenses, requires careful analysis and expert input. The child’s unique circumstances, abilities, and potential future contributions need to be considered. This task becomes even more challenging when the child was very young, as their future potential may be largely speculative. Presenting compelling evidence and expert testimony becomes crucial to establish the extent of future losses.
But far more important and weighty are the non-economic losses caused by the wrongful death of a child. Those losses, such as grief, can be extremely deep and will last a lifetime for surviving family members and friends. Because of that, it is imperative that a wrongful death lawyer who agrees to represent a family following the wrongful death of a child take time to skillfully and compassionately meet with family members to learn how they have been impacted following the death of a child.
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Filing a wrongful death claim for a child is an exceptionally difficult and emotionally charged process. The unique challenges of quantifying losses, establishing legal standing, navigating legal and procedural hurdles, and coping with the emotional impact make it crucial to seek experienced legal representation. With compassionate support and skilled guidance, parents can navigate the complexities of the legal system and seek justice for their beloved children.
If your family is dealing with the staggering loss of a child due to the negligence of another person or company, please call attorney Bob Byrne to discuss your case. Bob knows the deep pain and turmoil caused by the wrongful death of family members and he can work closely with you as you seek to rebuild your lives.
Reach out to Bob today at 434-817-3100 to discuss your case.
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