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Child Dies After Being Left In Van

wrongfuldeath

The family of a two-year-old boy is struggling with a tragedy and searching for answers after the toddler was left inside a van in Miami and died. The van was in the parking lot of a child care and, according to reports, the child was left in the rear of the van and was unresponsive when found by daycare workers. Paramedics who responded to the scene found the child showing no sign of life; the child was taken to the hospital where he was pronounced dead. The news is full of tragedies just like this, with parents and caregivers forgetting children inside vehicles as they run errands and go about their busy lives. Each and every time it happens, it is an unfathomable tragedy for everyone involved, especially the parents and families of the victims. According to reports, this young boy was the fifth child to die in a hot vehicle in Florida this year.

Florida’s Wrongful Death Act

When these types of accidents occur, there are no words to describe the agony the survivors must endure. Florida’s legislature enacted the Wrongful Death Act in Code Sections 768.16  to 768.26 to shift the loss suffered by the survivors to the person responsible for the accident. When a family loses a loved one as a result of someone else’s wrongdoing, and is able to prove that the defendant’s negligence caused their loss, this law allows for compensation to the survivors. While there is no possible way to recover fully for the loss of a loved one, especially that of a young child such as in these hot car deaths, the law intends to compensate survivors to the extent possible for their loss.

Damages Available

Code Section 768.21 specifies the different types of damages that may be available to survivors in a wrongful death case depending upon the individual factors of the case and the relationship of the survivor to the victim. In general, the types of damages that may be claimed include monetary values for lost support and services in both the present and the future, loss of companionship and protection, mental pain and suffering, lost parental guidance and instruction, medical and funeral expenses, and lost earnings. Though medical and funeral expenses are easy enough to quantify, with most of these categories of damages, the use of experts will likely be necessary to help determine monetary values for each.

We Can Help With Your Wrongful Death Case

If your family has suffered the tragic loss of one of its members due to a wrongful act or negligence, the office of Alan Goldfarb, P.A. is here to help you with your wrongful death lawsuit. Our Miami wrongful death attorneys will work with you to help you understand your rights under the law and how to pursue them. The Wrongful Death Act provides for compensation for losses suffered as a result of a loved one’s death, and our legal professionals can help ensure that you receive everything you are entitled to receive. Contact us today and let us help you get the results you deserve.

Resource:

Day care closed after child dies in hot van

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