Wrongful death lawsuits are civil lawsuits that are brought against parties who are partially or wholly responsible for the death of another person. These are sometimes filed in addition to criminal charges, and they can also be filed if there is not enough evidence to make a criminal case or if the criminal case fails. They are often filed by family members of the deceased.

Infant wrongful death is when a baby/infant died due to another person’s actions. Oxygen deprivation, reduced blood flow, trauma that occurred during birth, and was improperly treated are all conditions that could lead to infant wrongful death. If the plaintiff wins the wrongful death charge, then damages can be awarded for pain and suffering, lost work time, medical bills, and loss of life enjoyment.

What is an Infant Wrongful Death Claim?

  • Parental negligence: Parents have a legal duty to provide adequate and proper care for the infants in their charge. If a parent did a care-taking task partially or wrongly, they can be held accountable for neglect in the same way they can be held accountable for failing to take an action. When a parent is guilty of negligence and infant death occurs, a parent can be held responsible for wrongful death.
  • Medical Malpractice: When a doctor fails to assign a peer-reviewed best practices treatment, determined by reasonable standards of care in their profession, and death results, a medical malpractice suit can be brought if other legal requirements are met. One of the key requirements is that the plaintiff must be able to prove direct fault from the defendant’s treatment to be the cause of death. Medical malpractice cases have strict statutes of limitations, so it is important to file your claim as soon as possible.
  • Product liability suit: A product liability suit can be filed when an infant dies due to a defective product. As long as fault can be proven, any party in the long chain from the maker to the distributor can be held legally responsible, including distributors and sellers of faulty products.

Can Criminal Charges Be Brought for Infant Wrongful Death?

An infant wrongful death suit is a civil suit. But criminal charges can be brought for other charges such as murder, manslaughter, and endangering the welfare of a child.

Do I Need a Lawyer?

Yes. A wrongful death lawyer will help you figure out how to argue your case and represent you through all stages of the claim.