The death of a child is a tragedy for family, friends and the community. A wrongful death is especially devastating for parents who have lost their child as a result of negligence or wrongdoing. The arrival of a newborn baby is one of the most joyful times in a parent’s life, but it is indescribably painful to have that joy suddenly taken away. Often with the senseless death of an innocent baby, most grieving parents are justifiably angry.
It’s hard to think about taking legal action and receiving a wrongful death settlement when you are grieving the loss of a child. It might seem greedy or selfish and how can you think of placing monetary value on such a loss? But taking legal action can prevent another infant death from occurring to other families. Whoever is responsible for an infant death must be held accountable, and suing those entities and/or individuals responsible could deter future mistakes.
Of course no amount of money can bring back a loved one, but a tragedy such as this can take a terrible toll financially. An infant death lawyer will help you determine whether you have a case and how best to argue your claim in court to help alleviate any financial burden. An infant wrongful death settlement can provide you with a sense of justice for your child, along with compensation to recover any costs associated with this tragedy.
Infant mortality — the death of an infant before his or her first birthday—is caused by many reasons. While some baby deaths are accidental, many causes– such as maternal pregnancy complications and injuries leading to death– could have been prevented. In 2017, the infant mortality rate in the United States was 5.8 deaths per 1,000 live births, according to the Centers for Disease Control and Prevention (CDC). In other words, over 22,000 infants died. The five leading causes of death were:
- Birth defects
- Preterm Birth and Low Weight Birth
- Maternal Pregnancy Complications
- Sudden Infant Death Syndrome (SIDS)
Unintentional Infant Death Injury Facts
According to the CDC, approximately 12,000 children and young adults, ages 1 to 19 years, die from unintentional injuries each year. The most recent accident statistics from the National Safety Council, the National Center for Injury Prevention and Control, and other sources report that each year:
- Airway obstruction injury (suffocation) is the leading cause of unintentional injury-related death among infants under one year of age.
- About 2,000 children ages 14 and under die as a result of a home injury. Unintentional home injury deaths to children are caused primarily by fire and burns, suffocation, drowning, firearms, falls, choking, and poisoning
Accidental causes of infant death include:
- Medical Malpractice, during pregnancy and birth injuries
- Car Accidents
- Defective Products – Sleepers, Cribs, Car Seats, Toys, Baby Formula
- Dog Bite
- Day Care and/or Caregiver Negligence
What is a Wrongful Death Claim?
In legal terms, “wrongful death” refers to a fatal injury caused by wrongdoing or negligence of another person or entity, such as a doctor and/or hospital. For instance, when a child is killed in a car crash, a wrongful death attorney can help determine if the at-fault driver’s negligence contributed to the accident—whether the driver was intoxicated or speeding or careless in any way. If a trauma occurred during childbirth and was improperly treated, an attorney can determine whether all conditions led to infant wrongful death. If so, that driver or doctor can be held responsible with a civil wrongful death lawsuit.
Wrongful death claims are sometimes filed in addition to criminal charges, and they can also be filed if there is not enough evidence to make a criminal case or if the criminal claim fails. A wrongful death claim is a civil suit but criminal charges can be brought for other charges, such as endangering the welfare of a child.
Product Liability Lawsuit
When an infant dies due to a defective product, a product liability suit can be filed. Should fault be proven, a number of people and/or entities can be held responsible, including the manufacturer, distributor, and seller of faulty products.
Infant Wrongful Death Attorney
If your baby died during or shortly after childbirth, you’ll want a lawyer who is experienced with medical malpractice cases. If your baby died as a result of a defective sleeper, you’ll want a lawyer who has a proven track record with defective products. Attorney Killino and his team will advise you to save whatever product was involved in the death. It could be a toy or a crib, a car seat and the car itself. If a medication error by a pharmacy has occurred, save the bottle and receipt.
Wrongful infant death attorney Jeff Killino knows that no amount of money can bring your baby back. But compensation and justice can provide the support and answers to help you cope with this devastating loss. He compassionately works with parents to help figure out your case and represent you through all stages of your claim. He will hold those responsible for death they caused. Contact Jeff Killino today to discuss your situation.
Attorney Jeff Killino can guide you through the following steps in a civil dispute:
This formal process helps both plaintiff and defendant prepare for a lawsuit. Pre-litigation opens opportunities to settle the dispute with the guidance of an attorney, but without the need to go to court. During this process, your attorney gathers all of the important and required information, sends a formal notification of the dispute, conducts and investigation and makes some form of demand. The last step is to try for a settlement before going to court.
If a formal dispute cannot be settled, the next step is litigation, which is the process the process that begins before or after filing a lawsuit. There are several steps in civil litigation, from initial pleadings to discovery to the trial – and appeal.
There are typically two types of compensation awarded in an infant wrongful death settlement: economic and non-economic. Economic damages cover the costs incurred by the family as a direct result of the infant’s death, such as lost wages, medical bills, and funeral expenses. Non-economic damages compensate for things that aren’t measured by money, including pain and suffering and emotional trauma.
The amount of compensation awarded depends on factors such as the severity of the mistake or failure to act, the pain and suffering of the mother and infant, medical bills, funeral and burial costs, whether the parents were forced to miss work and more.
Punitive damages are designed to punish the defendant—such as a doctor and/or hospital– for the uncaring, reckless behavior that caused the infant’s death. These punitive damages are meant to bring justice to this tragic situation, punish the wrongdoer and prevent similar mistakes in the future.
Your infant wrongful death attorney will provide more information on the litigation process. Jeffrey Killino can also let you know if punitive damages are allowable for wrongful death cases in your state.
Infant Wrongful Death lawyer Jeff Killino is dedicated to holding those who have caused infant’s deaths responsible regardless of where in the country these actions occur. If your infant has died as a result of a defective children’s product or someone’s negligence, Jeff Killino and The Killino Firm will bring their considerable experience and expertise to bear in the pursuit of justice for your loss.