There is nothing more tragic than the loss of a child. When a child dies because some or some company was negligent the law recognizes that parents have a cause action to recover for the wrongful death of the child. In some cases the child’s estate also has a cause of action for the child’s pain and suffering. When negligence causes the death of a child, it is important to speak with an experienced child injury attorney about seeking justice.
We Understand Wrongful Death Cases: We’re Here to Help.
At the Law Offices of James M. Poe, P.C., we’re here to assist parents who are facing this tragic situation and need help in understanding their rights and all of the issues involved with filing a wrongful death lawsuit. With 40 years of experience, we have a great depth of understanding of the civil court process and how to craft and present a persuasive wrongful death case in civil court.
It’s important to remember that Georgia law requires that a wrongful death lawsuit be filed within two years of the date of death. Our early involvement is important to the outcome of a lawsuit, as it allows us to immediately take steps to preserve important evidence, and to obtain statements from witnesses while knowledge of the events related to the accident is still fresh in their minds. Contact us today to discuss your case.
Common Factors in the Death of a Child
According to the Centers for Disease Control (CDC), the leading cause of death for individuals between the ages of 1 and 24 are unintentional injuries. The most common types of incidents causing child deaths from unintentional injuries include:
- Motor vehicle accidents
- Firearm accidents
- Pedestrian accidents
- Medical negligence
Atlanta Wrongful Death Lawsuit Attorney with Solid Trial Experience
As litigators and trial lawyers, our experienced legal team can take action for parents who have lost a child in a preventable accident. Our firm’s founder, attorney Jim Poe, formerly served as a defense lawyer for insurance companies and has a deep insight into how these cases are resolved. He soon realized that his skills would better serve the pursuit of justice by representing the injured, and turned his talents to this area of the law. His knowledge has proved to be extremely beneficial for his clients in a range of injury cases, including when representing parents in child wrongful death lawsuits.
Wrongful Death Damages
A wrongful death case related to the tragic death of a child can be based on negligence, products liability, breach of warranty or strict liability. Every case of a wrongful death of a child must be carefully evaluated to determine the damages which can be pursued in court, or in an insurance settlement. Georgia law permits parents to seek recovery of the “full value” of a child’s life.
A skilled Atlanta wrongful death attorney, in conjunction with an expert, can present evidence of the expected future earnings capacity of a child. A wrongful death claim may also involve recovery of medical expenses. The child’s estate has a right to recover damages for any pain and suffering endured by a child prior to death.
Every case is unique and must be evaluated on an individual basis. Our firm can speak with you about your case and advise you about how to move forward, and how to seek justice for the terrible tragedy that befell your child. Contact us now to let is help you assess your legal rights.