Helping Parents Navigate the Aftermath of a Wrongful Death Case

Around 37,000 children 17 and under die in the US each year. In 2022, 1,129 children aged <15 died on road accidents, and that same year, 756 children died while traveling as passengers in cars. A further 100 kids die in bicycle-related accidents each year. Other causes of accidental death in children include drowning, fires, falls, and poisoning.

The death of a child is devastating for parents under any circumstance. When that death is caused by the negligence or misconduct of another person or entity, the grief is compounded by anger, confusion, and the legal complexities of a wrongful death case. Here is some guidance on how parents can navigate the aftermath of a wrongful death case.

Processing Your Emotions After Your Loss

The emotions parents experience after losing a child are complex and varied. Sadness, anger, guilt, despair, confusion, loneliness – these are all normal reactions. The legal proceedings add additional stress and uncertainty. It is important for grieving parents to understand their emotions may fluctuate day to day. Allow yourself to fully experience whatever you are feeling in the moment without judgment. Seeing a grief counselor or joining a support group with others who have lost loved ones can help immensely during this intensely difficult time.

Choosing a Wrongful Death Attorney

You will need an attorney to pursue a wrongful death lawsuit. This should be an attorney with specific expertise in wrongful death cases, not a general practice lawyer. Interview several candidates. Questions to ask include what is my wrongful death case worth, what experience they have with cases similar to yours, how is the process to file a wrongful death lawsuit, their success rate, and strategies for building the strongest case possible. Personality fit also matters – choose an attorney who is compassionate and who you feel you can trust through an emotionally draining process. Discuss fee structures to understand cost considerations upfront.

Gathering Evidence for a Wrongful Death Case

Your attorney will investigate the circumstances of your child’s death and gather evidence to prove negligence or misconduct. As a parent, any information you can provide about the incident will be helpful, such as photos, videos, medical records, and names of witnesses.

This may require revisiting painful memories, but the more evidence available, the stronger your case will be. Keep track of all accident-related expenses like medical bills, funeral costs (they cost an average of $7,640), and lost income. These will be part of the damages sought through the lawsuit.

Deciding Whether to Settle Out of Court

More than 90% of wrongful death suits are settled before going to trial. This avoids the time and stress of trial. Your attorney will negotiate with insurance companies or defendants to try to reach a settlement that provides reasonable compensation. Discuss with your lawyer whether settling or going to trial seems advisable in your particular case.

Coping During Court Proceedings With the Help of Your Wrongful Detah Lawyer

If your case does go to trial, understand that court proceedings can be lengthy. You will likely have to relive your trauma through testimony.

Hearing defenses aimed at discrediting you or your child can be very upsetting. Having a strong support system is crucial at this time. Use healthy coping strategies like therapy, exercise, and time with loved ones. Let your attorney handle assertions made by the defense. Focus on remaining calm and providing honest, factual accounts when you take the stand.

Reaching Closure on Your Case After Settlement or Verdict

No amount of money can ever compensate for your loss, but it can relieve some financial stress. With the case concluded, remember to continue focusing on your healing. In time, many parents are able to transform their grief into positive action like advocating for changes that could prevent similar tragedies.