Virginia Beach Wrongful Death of a Minor Lawyer
Losing a child is always tragic. When that loss is the result of another person’s negligence, it becomes even more challenging to cope with. A Virginia Beach wrongful death of a minor lawyer is dedicated to helping families in your position.
The compassionate wrongful death attorneys at Cooper Hurley Injury Lawyers help you get the justice you deserve for your loss. Although nothing can truly compensate you for your loss, a lawsuit can help you hold the responsible party accountable.
How Wrongful Death Cases Involving Minors Are Different
When someone under 18 is killed as a result of someone else’s negligence, the effects are devastating. Not only do families lose their child, but often couples also suffer incredible harm to their marriage. Additionally, although the basic idea of a wrongful death claim is the same regardless of whether the decedent was a child or adult, there are significant differences.
One of those differences is the common causes of death. Common causes of the wrongful death of minors include traffic accidents as well as premises liability accidents. One very tragic situation that happens relatively commonly in Virginia Beach is accidents at hotels. Often, fatal accidents occur at hotel pools that do not have sufficient security as well as on hotel decks without adequate guards to keep children from falling.
These cases also play out in court differently than wrongful death cases involving an adult. Often the applicable damages are different. Because these cases are so much more tragic, the judge and jury will generally be very sympathetic to that loss. Additionally, before a wrongful death case involving a minor can be settled, it must go to the Virginia Beach Circuit Court to get approval. The Virginia Code Section 8.01-424 sets forth the procedure by which infant wrongful death settlements can be heard by the court.
Generally, when the settlement is being approved by the court, the judge is making sure that the total overall settlement is fair, that the attorney’s fees are fair, and that the money is going to the correct statutory beneficiaries of the child. A compassionate Virginia Beach wrongful death of a minor attorney can help guide your family through the proper procedures.
Damages Available to Families in Virginia Beach
The wrongful death statute sets forth the damages that apply in the case of the wrongful death of a minor. The losses are the same for an adult or a child who was killed due to another’s negligence. However, how exactly those damages manifest themselves is different in the loss of a child. For example, there are some damages that are not applicable in a child wrongful death case that would potentially be involved in an adult case.
A significant element of damages in an adult wrongful death case is the amount of money that a wage earner would earn for the rest of their life have they not been killed. Since a child does not have a job or work history, it is difficult to show what they would have earned in the future. However, the value of the family’s grief may be much more significant in the case of a child who was killed. Due to these nuances, working with an attorney who has experience calculating damages in wrongful death of a child cases is essential.
A Virginia Beach Wrongful Death of a Minor Attorney is Here for You
If your family lost a child due to another’s negligence, you most likely are wondering what you can do. Wanting to hold those responsible for the tragic loss accountable is natural, because of Virginia wrongful death statutes, it is also possible. A Virginia Beach wrongful death of a minor attorney from Cooper Hurley Injury Lawyers can help your family fight for the justice you deserve. Call us today to discuss your rights.