Wrongful Death of a Minor in Columbia

The death of a child is a catastrophic event for any family, especially when it happens due to other people’s wrongful behavior. During these trying times, you need a compassionate wrongful death attorney in your corner who has the experience to navigate a claim while letting you focus on healing.

A lawyer could fight tirelessly to uphold your rights and ensure full accountability after the wrongful death of a minor in Columbia. While no amount of money can undo your loss, it can lift huge burdens and provide a new path forward.

What is a Wrongful Death of a Minor?

The wrongful death of a minor refers to the death of someone under eighteen caused by another’s negligence or recklessness. Surviving family members, typically parents, may bring a wrongful death case to seek compensation for their loss.

Common causes of wrongful death are:

Property owners are legally obligated to maintain safe conditions on their property and warn guests about any known hazards that could cause an injury. When a property owner breaches their duty of care, and someone is injured or killed, the owner may be held liable.

Product liability laws in Columbia hold manufacturers, distributors, and sellers liable for the wrongful death of a minor caused by their defective products. The three types of defects that can lead to liability claims are design, manufacturing, and marketing.

Who Can Bring a Wrongful Death Claim?

Missouri’s wrongful death statute gives a legal remedy for families who have lost a child due to the negligence or conduct of third parties. Under this statute, the deceased minor’s surviving parents can file a wrongful death claim or, if the parents are deceased or unavailable, the minor’s siblings. The family can seek damages for losses, including medical and funeral expenses, the value of the child’s life, and the family’s emotional and psychological suffering.

Proving a Wrongful Death Claim

To bring a wrongful death claim, family members of the child need to establish several essential elements. First, they must prove the defendant owed a duty of care to the minor. In most cases, the minor child is not considered responsible for their well-being, while most people, including drivers or medical professionals, owe a duty of care to act as a reasonable person would in a similar situation.

Second, they must prove the defendant breached this duty of care through negligent, reckless, or intentional actions. Third, there must be a causal connection between the breach of the duty of care and the minor’s death. Last, the family filing the lawsuit must prove they suffered damages as a direct result.

Types of Damages Available

A variety of damages are available in a wrongful death lawsuit involving a minor in Columbia. Economic damages include the amount spent on the minor’s medical treatment up to moment of death and funeral and burial costs. Additionally, a family could recover the loss of future earnings had the minor survived to adulthood.

Non-economic damages include monetary awards for emotional pain and suffering of the minor, the companionship and emotional support loss, and the grief and sorrow of the family. In some cases, punitive damages meant to punish the defendant and deter similar behavior in the future may be awarded.

Contact an Attorney in Columbia for Help Filing a Wrongful Death Suit for a Minor

The wrongful death of a minor in Columbia and subsequent lawsuit is a challenging and emotionally draining process. An experienced attorney could ensure that your family’s rights are protected and that you receive the compensation you rightfully deserve.

An attorney could conduct a thorough investigation to collect evidence, collaborate with various experts, and build a strong case to show liability and the extent of damages. No challenge is too daunting when your family’s well-being is at stake. Call a Columbia wrongful death lawyer today to schedule your consultation.