Can Parents Seek Compensation After a Wrongful Death?

While grieving following the loss of a loved one is the most important thing for a family to do, legal action may be something to consider for a number of reason. However, it’s important for families to understand what they can do to obtain justice after an infant wrongful death.

Before you try to file a wrongful death lawsuit, you should know exactly what the laws in your state say about seeking compensation and who may be held accountable.

WRONGFUL DEATH LAWS ARE STATE DEPENDENT

Each state lists different laws regarding wrongful death lawsuits, specifically detailing who can actually file a lawsuit, what damages may be sought, and who can be considered negligent. While some states allow for the families of the decedent to seek damages, other states—like Alabama—require the lawsuit to be brought forth by the decedent’s estate.

This can be complex when the incident involves a baby or infant and the death is the result of medical negligence. This makes it increasingly important to speak with a legal professional who can help to explain what rights you do have.

DETERMINING NEGLIGENCE

In order to show that negligence was present in the infant wrongful death, four factors must be considered. This includes:

• Proving that there was a duty of care by the doctor to the patient
• Proving that the duty of care was breached by negligence
• Proving that the breach of duty led to a complication with the baby
• Proving that the baby’s fatal injuries were a result of that complication

At Hare Wynn, we recognize your rights and want to help you understand what steps you have to take action. Our goal is to help you get past this difficult time without having to worry about the legal battles that lie ahead—instead focusing on your grieving and your family.

Hare Wynn here for you every step of the way, helping you understand what comes next and the steps you can take following an infant wrongful death.

Call us at 800-568-5330 today for a free consultation.