Handling a Wrongful Death Case on Behalf of a Minor
Our firm utilized multiple disciplines in handling a wrongful death case on behalf of a minor. The following is a real-life case study.
A fatal crash often creates more legal issues than those involved with personal injury law. That certainly was the case, when a big rig driver lost control and spun into oncoming traffic, striking the Honda Civic. The collision killed the mother of a two-year old girl. The child was in the car at the time of the collision. The child’s father, who had not been living with the child, assumed custody of the child.
Wrongful Death.
Settlement of this case required both the experience and skill in representing a two year old minor as a plaintiff, and in dealing with the wrongful death statutes for damages. The representation was further complicated by the competing damage claims of the decedent’s siblings and parents, claims which actually would have reduced the child’s recovery. The claims included the loss of consortium, the loss of wages in the future, the testimony of an economist regarding damages, and the testimony of a psychological expert regarding the child’s loss of her mother.
Family Law.
The father required representation to fend off claims by the grandparents for custody of the child. The parents were not living together and had no formal custody orders. Custody of the child, however, does not automatically give that person a right to move forward to prosecute a wrongful death complaint. The matter was litigated in the family courts for several months while the wrongful death case was being prosecuted.
Probate and Estate Planning.
Once settlement was achieved, the team at Tredway Lumsdaine and Doyle represented the child in creating an irrevocable trust and appointing a trustee, as well as setting aside some cash for the child, an annuity for college and life savings. With its long standing experience in family law, probate and personal injury, the firm successfully persuaded the court to grant a minor’s compromise petition. This created a flexible and creative financial instrument to both preserve assets for the child and to provide her with some money for expenditures which would enhance her youth.
No amount of money can replace a child’s mother. Successful representation of families in wrongful death situations requires sympathetic and compassionate counsel, and visiting with family members in their homes. Most importantly, it almost always requires knowledge in multiple disciplines of the law and attorneys from several disciplines.
Article written by:
Matt Kinley, Esq. (Personal Injury Attorney)
Dan Gold, Esq. (Family Law Attorney)
For almost 50 years, Tredway, Lumsdaine & Doyle has practiced in the areas of personal injury, family law and probate, as well as litigation and other areas.
