3 Year Old Dies at Erwin Christmas Parade

Police are investigating the death of a 3 year old boy following a Christmas parade in Erwin NC. Following the parade, the toddler was struck and killed by a car backing out of a parking spot. The drive of the vehicle has just left work at a near by restaurant. Reports state she said the child was too small and she could not see him; it looked all clear. There have not been criminal charges filed, but law enforcement are attempting to determine the child exact position when he was struck. Read more: https://www.newsobserver.com/2011/12/06/1693540/dunn-boy-3-dies-after-car-strikes.html#ixzz1gQBx4Apo

What is Wrongful Death?

Wrongful death is often referred to as accidental death. It is a civil tort claim seeking damges against a party for causing the death of their loved one. The plaintiff's attorney must prove the defendant was the cause, or the approximate cause of death. Approximate cause means they set in motion a chain of events that resulted in the fatality. It can be an intentional act or accidental act. While criminal charges like murder and manslaughter present punishment including prison, it doesn't help the family of the victim. There are expense, like ambulatory care and funeral expenses, that must be paid. Wrongful death lawsuits allow the decedent's family to sue for financial compensation for expense resulting from the fatality.

Wrongful Death Damages

Compensatory damages are calculate with factors including loss of projected earnings. Punitive damages are additional damages awarded based the recklessness of the defendants actions. There are also damages based on loss of companionship or consortium. This places a financial damages due to the loss of love or friendship. In a case like this, consortium would be a major factor in determining damages. It would prove extremely difficult to determine the lifetime earning of a 3 year old. In some states, any wrongful death settlement must be approved by the court. There is also a limited time to file a lawsuited that varies from state to state.