Trial Attorney Blog
The death of an infant is a heart-wrenching experience that no parent or guardian should ever have to endure.
When such a tragedy results from the negligence, misconduct, or intentional act of another party, it is legally recognized as a wrongful death.
Understanding your legal rights and options is crucial in these situations, not only to seek justice but also to prevent similar tragedies from occurring to others.
In such emotionally and legally complex matters, consulting with a knowledgeable Wrongful Death Lawyer becomes a vital step in the pursuit of justice.
What Is an Infant Wrongful Death?
An infant wrongful death occurs when a newborn or young child dies due to the negligence or intentional actions of another person, institution, or corporation.
Unlike natural causes, these deaths are considered legally preventable.
They often arise in medical, residential, and vehicular contexts and may involve doctors, caregivers, manufacturers, or even government entities.
Parents or legal guardians of the deceased child can file a wrongful death claim to hold the responsible parties accountable.
These wrongful death lawsuits can provide compensation for emotional suffering, funeral expenses, and in some cases, punitive damages.
Common Causes of Infant Wrongful Death
Understanding the cause is the first step in building a successful claim. Common causes of infant wrongful death include:
- Medical malpractice during childbirth
- Defective baby products (e.g., cribs, car seats, or toys)
- Negligent caregivers or daycare staff
- Unsafe sleeping environments
- Prescription errors involving infants
- Car accidents involving children
- Failure to diagnose or delayed medical treatment
In all of these instances, a Wrongful Death Lawyer can help determine whether legal liability exists and what form of claim is most appropriate.
Legal Rights of Parents in Wrongful Death Cases
Parents and legal guardians have the right to pursue a wrongful death lawsuit on behalf of their deceased infant. While laws vary slightly by state, most jurisdictions allow:
- The recovery of economic damages, such as funeral and medical costs
- Non-economic damages, including emotional pain, loss of companionship, and grief
- Punitive damages, when the actions of the defendant were particularly egregious or intentional
Navigating the legal complexities surrounding these claims requires professional legal counsel.
An experienced Wrongful Death Lawyer can guide grieving families through the legal process and ensure their rights are fully protected.
Why You Need an Atlanta Wrongful Death Lawyer
Legal grounds for accidental death can arise in a variety of circumstances. Examples include the following:
- A property owner or company’s negligence in the enforcement of safety regulations.
- A construction worker is killed because of faulty tools or equipment.
- A company does not enforce safety regulations, and a worker is killed on the job.
- A patient is killed after taking a defective antibiotic or over-the-counter pill.
- A patient dies during surgery because the hospital, the doctor, or the nurse was negligent.
- Someone dies because a crime was committed.
- Someone is intentionally murdered.
- A person’s reckless behavior results in another’s death.
- A pedestrian or passenger dies because a car, tractor, truck, bus, or motorcycle on the road was defective.
- A patient dies due to nursing home negligence.
- A passenger dies in a car accident because of a negligent driver.
- Passengers on a plane are killed because of pilot error.
- A person acts carelessly or negligently, and someone dies.
Whether the wrongful death involves an infant or another individual, hiring a qualified Atlanta Wrongful Death Lawyer ensures that all responsible parties are held accountable and that justice is pursued relentlessly.
The Process of Filing Infant Wrongful Death Claims
Filing a wrongful death claim typically involves the following steps:
Initial Consultation with a Wrongful Death Lawyer
During this meeting, you’ll discuss the circumstances surrounding the infant’s death and receive an initial assessment of the case’s viability.
Investigation
Your lawyer will gather medical records, witness statements, surveillance footage (if applicable), and expert testimonies to build your case.
Filing the Lawsuit
A formal wrongful death lawsuit is filed in civil court, outlining the defendant’s negligence or misconduct and requesting compensation.
Discovery and Negotiation
Both parties exchange evidence, and your lawyer may negotiate a settlement. If no fair settlement is reached, the case proceeds to trial.
Trial or Settlement
Many wrongful death cases settle outside of court, but if necessary, your lawyer will argue your case before a judge and jury to secure compensation.
Wrongful Death Claims Involving Infants and Children
Wrongful death claims for infants and children are especially sensitive and often more challenging due to the emotional stakes and complex medical evidence involved. Courts may also consider:
- Life expectancy and potential future earnings
- Emotional impact on surviving family members
- Parental loss of companionship and guidance
Given the unique aspects of such cases, having a dedicated Wrongful Death Lawyer ensures your case is handled with the care and expertise it deserves.
Types of Wrongful Death Cases
In addition to infant wrongful death, the following categories often fall under wrongful death lawsuits:
- Workplace wrongful death accidents
- Civil wrongful death
- Murder
- Representing the defendant
- Representing the accused
- Claims against the federal government
- Fatality defense attorney
- Death benefits lawyers
- Unlawful death suits
Each of these claims requires a nuanced understanding of state and federal laws, liability, and available compensation.
A well-versed Wrongful Death Lawyer can help navigate these intricacies.
Statute of Limitations
Time is critical in wrongful death cases.
In most states, including Georgia, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the infant’s death.
However, this may vary depending on circumstances, such as if the defendant is a government entity.
A delay in legal action could result in the loss of your right to sue.
Emotional and Financial Compensation
Though no amount of compensation can make up for the loss of a child, pursuing a wrongful death claim can provide some form of closure and financial relief. Damages may include:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of future income and benefits
- Emotional pain and suffering
- Loss of companionship and guidance
Your Wrongful Death Lawyer will work closely with you to assess the appropriate damages and ensure your claim reflects the full scope of your loss.
Choosing the Right Wrongful Death Lawyer
The complexity of infant wrongful death cases demands an attorney with deep legal expertise and a compassionate approach. When selecting a lawyer, consider:
- Experience in infant and pediatric wrongful death lawsuits
- Trial success rate and past settlements
- Reviews from past clients
- Resources for investigation and litigation
💼 For over 50 years Finch McCranie LLP has been practicing wrongful death law, representing clients throughout the Southeast. We have a long history of success in taking cases to trial and receiving favorable verdicts. Our firm has also earned the highest rating (“AV”) from Martindale-Hubbell, which rates law firms throughout the United States.
Contact Finch McCranie LLP Today
Final Thoughts
The unexpected loss of an infant is a devastating tragedy that no words can truly describe.
But when that loss is caused by another party’s negligence, legal recourse can provide grieving families with justice, closure, and accountability.
Whether through negotiation or courtroom litigation, working with a skilled Wrongful Death Lawyer is essential to ensuring your rights are protected and that the responsible parties face the consequences of their actions.
If you suspect your child’s death was preventable, don’t wait. Seek legal help immediately.
Wrongful death claims are complex, time-sensitive, and emotionally taxing. But with the right support, you can take the first steps toward healing—and justice.
FAQ’s
What is an infant wrongful death claim?
An infant wrongful death claim is a legal action filed when a newborn or young child dies due to another party’s negligence, recklessness, or intentional misconduct. This type of claim seeks to hold the responsible party accountable and provide financial compensation to the child’s legal guardians or family members.
Who can file a wrongful death lawsuit for an infant?
Typically, the child’s parents or legal guardians have the right to file a wrongful death lawsuit. In some cases, a court-appointed representative may file on behalf of the child’s estate, especially if there are disputes among family members.
What compensation is available in an infant wrongful death claim?
Compensation may include medical bills related to the child’s treatment before death, funeral expenses, emotional pain and suffering, and loss of companionship. In cases of gross negligence or intentional harm, punitive damages may also be awarded. A Wrongful Death Lawyer can assess the full range of damages applicable to your case.
How long do I have to file a wrongful death claim for my child?
The statute of limitations varies by state, but in Georgia, it is generally two years from the date of the child’s death. Exceptions may apply, so it’s important to consult with a Wrongful Death Lawyer as soon as possible to avoid missing critical deadlines.
What types of incidents can lead to an infant wrongful death lawsuit?
Common causes include medical malpractice during childbirth, car accidents, unsafe products like defective cribs or car seats, daycare negligence, prescription errors, and unsafe sleep environments. These situations are all potential grounds for wrongful death claims.
Do I need an attorney to file an infant wrongful death lawsuit?
Yes, wrongful death cases are complex and emotionally taxing. An experienced Wrongful Death Lawyer will handle the legal procedures, gather evidence, and advocate for fair compensation. They also help reduce the emotional burden on grieving families by managing court filings and negotiations.
Can a wrongful death claim be filed against a hospital or doctor?
Yes. If a medical professional’s negligence or error directly resulted in the death of an infant, you may have grounds for a wrongful death lawsuit. This includes surgical errors, incorrect medication, failure to diagnose, or negligence during childbirth.
What’s the difference between civil and criminal actions in a wrongful death case?
A wrongful death claim is a civil lawsuit seeking monetary compensation. This is separate from any criminal proceedings, which may involve jail time or other penalties. You can pursue a civil claim even if a criminal case is also being investigated or has been dismissed.