Massachusetts Personal Injury Library
Water-Related Child Deaths and Wrongful Death Lawsuits (Part A)
It is truly every parent’s worst nightmare to have to face the death of their child. The loss can often be especially difficult to confront if the child’s death was unexpected and sudden, such as from a water accident.
When a person, business or corporation’s negligent actions contribute to – or directly cause – the death of a child, a parent might also find him or herself having to deal with complicated ethical and legal issues, in addition to the complex processes of grief.
In cases of negligence in water-related accidents that cause life-threatening child injuries or death, parents, legal guardians and family might consider filing a wrongful death lawsuit on behalf of the deceased child.
Wrongful Death Lawsuit
If you are coping with the unexpected death of your child from a water accident, and believe that another party’s negligence played a key role in your child’s death, you might have questions about wrongful death claims and lawsuits.
Simply stated, a wrongful death claim is a civil lawsuit typically initiated by the family or legal guardian of the deceased.
It is filed against those who are deemed to be responsible for the death.
Lawsuits usually seek monetary damages, and may be settled out of court or involve a trial, but another reason for filing a wrongful death lawsuit is to assert legal responsibility over a neglectful party. Listed below are the types of people that can file a wrongful death lawsuit on behalf of the deceased child:
- Parents
- Legal guardians
- The executers of a will
- Relatives or closely-related responsible adults that successfully petition a court to be named as the child’s guardian ad litem
Initiating a Wrongful Death Lawsuit
When a child dies because of injuries incurred in a water-related accident, it is vital to recognize when someone else’s actions or negligence contributed to the death of the innocent child.
If you believe your child’s death was caused by negligent acts, it is important to be able to identity those parties that played a role in the fatal accident.
Next, you should consult with a wrongful death lawyer that specializes in child injury cases. It is important that the lawyer you choose has successfully handled child accident cases and understands the intricacies of water-related child injury cases and wrongful death lawsuits in the case of child accidents.
If your child’s death occurred in Massachusetts, you should consult the Boston wrongful death lawyers of Kiley Law Group. For over 30 years attorney Thomas Kiley has fought on behalf of children.
Call 1-888-208-1695 to schedule your Free Consultation with Tom Kiley.
Continue to Water-Related Child Deaths and Wrongful Death Lawsuits (Part B) >>
