Law Office of Paul W. Hamilton

Damages which are recoverable in case of infant’s wrongful death in Miami


What is a wrongful death?

A new baby’s arrival or birth is considered to be a blessing and blissful event for parents. However, sometimes this joyful event becomes horrible, painful, and traumatic for parents if any negligent act on the part of medical staff causes a serious injury to the infant.  A wrongful death can be defined as a death caused by someone else by his negligent or reckless behavior.  A wrongful death, as the name suggests, happens because someone is killed because of the wrongful act of another. For example, if a mother and her child are crossing the road and a car hit the child suddenly due to the rash and reckless driving. This would come under the head of a wrongful death. Likewise, there may be many other reasons for the death of an infant like the negligent behavior of medical health provider, physician or nurses during labor and delivery process. There are two conditions involved in a wrongful death such as a wrongful act on behalf of a person and this type of death must be a sudden and unexpected tragedy. Wrongful death cases are mostly limited to those that occur on the occasion of delivery. It must be noted, here, that stillborn birth would not come under the category of wrongful death.  There are many reasons that can lead to stillborn birth and most of them are beyond to responsibility or carelessness of doctor. However, if delivery was done successfully and baby died soon after the birth, then there are chances that the doctor or other medical staff member has committed any wrong. In a case of a wrongful death, it is obvious that a deceased person cannot file a suit, therefore; his or her parents or legal heirs can sue the person who is considered to be responsible for a wrongful death. It is suggested to you that, if you have lost your relative or an infant in a wrongful death, then immediately contact a competent lawyer in this field at Percy Martinez, so that we can help you recover your maximum damages.

Damages which are recoverable after an infant’s wrongful death:

An aggrieved party can recover many charges on a single ground i.e. negligent behavior of the medical staff. These are the main damages which can be recovered from the guilty party by hiring an expert personal injury lawyer from Percy Martinez. Following are the two main kinds of damages which can be recovered from a guilty party.

  1. Economic Damages
  2. Non-Economic Damages

Economic Damages:

These damages are substantial and tangible and aggrieved party can be compensated if these are to be paid.

  1. Medical expenses:

It is an unfortunate and understood fact that the deceased person would not come back in case of his or her death due to the negligence behavior on the part of medical staff. However, after filing a lawsuit through Percy Martinez medical expenses prior to delivery can be recovered.

  1. Funeral expenditures:

Funeral expenditures are also recoverable through filing a legal and lawful claim. However, there should be a sufficient reason that the death of an infant was caused due to the negligent, reckless and irresponsible behavior of the medical staff.

  1. Traveling charges:

Those charges which were boring by the aggrieved party are recoverable from the hospital staff through an expert attorney of Percy Martinez law firm. These charges may include, traveling charges from your home to hospital and then from home to the courts.

  1. Lost wages:

Legal heirs of the infant can sue the party to recover their lost wages. Parents who have spent a huge amount of time in the hospital and afterward in the hospital may suffer from the loss of their wages.

Therefore, they can sue the medical staff to be compensated for the lost wages.

Non-economic Damages:

Non-economic damages are not tangible and substantial, but to some extent, these help to relieve the pain and anguish of the parents or the legal heirs of the deceased. These may include:

  1. Pain and sufferings
  2. Loss of companionship
  3. Indemnities for your infant’s sufferings.

Leave a Reply

Your email address will not be published. Required fields are marked *

Share this Article

About the Author