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Common Causes of Child Wrongful Death

The loss of a child is a painful experience that no parent should have to endure—especially if the death was caused by negligence from another person. Infants and children are in an incredibly vulnerable position at the hands of negligence, as any accident or mistake could cause substantial injury or death. Here are a few of the most common causes of wrongful death in children. Child Maltreatment  Tragically, child maltreatment is one of the leading causes for child wrongful death in the United States. According to the Administration for Children and Families, out of 100,000 children, 1,580 die each year of negligence or abuse. This could include denial of basic needs including food and housing, shaking or hitting, physical assault, sexual abuse or neglect. Vehicle Accidents Vehicle accidents are also one of the top causes for wrongful death. For children, these accidents could include a situation where an adult neglects to secure the child and a collision causes death. It could also include any cases where negligence from another driver causes an accident. Finally, children just playing outside could be killed in a car or truck collision due to negligence on the driver’s part. Poison There are several substances that should never be ingested by humans, including cleaning chemicals or paint. If a child ingests these chemicals, they could be immediately harmed. Wrongful death cases could arise against the chemical company if there was no clear words of warning; or against the adult caregiver who left the child alone to ingest the poison. Faulty Products Similarly, many death have been caused by products initially made for children, but containing a dangerous ingredient such as lead paint. Additionally, products like ziploc bags, tires and airbags are also dangerous for children. Adults leaving these products in the vicinity of unsupervised children could be held liable for negligence. Medical Malpractice  A wrongful death due to medical malpractice occurs when a child or infant dies after a medical professional gives a misdiagnosis or fails a routine surgery. This could also happen in the delivery room if things go awry. When an inexperienced doctor acts in haste and mishandles the delivery process, the newborn infant  could receive a traumatic injury which could lead to death. Nearly two percent of infant deaths are linked to medical malpractice or instrument misuse. As children get older, they could be misdiagnosed or exposed to fatal risks due to...
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Property Management for Minor Children

While no one thinks that they will die prematurely and leave their children behind, it’s better to be prepared than not. It’s important to designate someone to care for and raise your children. It’s also important to ensure that any inheritance left to them will be properly managed. Specific instructions for your children’s inheritance can be included in your living trust or will to avoid probate. Generally speaking, most parents won’t leave property or money to their children directly. It’s common to leave all possessions and belongings to the other parent so that they can properly take care of the children. Single parents, however, may not have another relative to leave their assets to while their children become of age. In these instances, you can appoint someone to manage their inheritance until they are old enough to manage it themselves. This is considered a form of property management. How to Set Up Property Management Thankfully, you can easily avoid court-appointed guardianship by choosing someone yourself. This should be someone that you trust to manage the inheritance wisely and act in the best interests of your children. While there are many ways this can be set up, some of the most common and beneficial include: Create a trust for each child individually. This option involves you using your living trust or will to designate a trustee who will then be responsible for handling any property or money that the children inherit. You can specify the age at which you want your children to receive the inheritance. That way, if your child is already over that age at the time of your death, the assets go straight to them without the trust coming into being or having to go through probate.  Use your will to designate a guardian. A simple way to name a guardian is to do so in your will. This option allows that person to begin managing the assets immediately upon your death for your children. It doesn’t require any additional trusts to be set up and is fairly straightforward.  Create one trust for all of your children. This type of trust is also known as a family or pot trust. This involves appointing a trustee (in your will or trust) who will be responsible for dispersing the trust according to the needs of the children. This will be based on their discretion. These trusts usually end when the...
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4 Wrongful Death Questions You Want Answers To

When a loved one dies, it is a hard situation to deal with. If you find out your loved one died due to the negligence of someone else, it could be an even harder pill to swallow. It’s likely you have a lot of questions, and a wrongful death attorney, like a wrongful death attorney in Lakeland, FL, can help you find those answers. Consider the following to get started. Who Can File a Wrongful Death Lawsuit? The answer to this question depends on the relationships the person had while he or she was alive. If he or she was married, the spouse would be first in line to file a lawsuit. Children would be next, and parents would follow them. If those options are off the table, siblings and grandparents could have a chance to file the lawsuit. If there are absolutely no family members but someone else was financially dependent on the deceased, that individual could possibly file. How Long Is the Statute of Limitations? You do have a certain time period before it is too late to file a lawsuit, so it’s important that you understand the statute of limitations. It is different in every state, and while a quick Google search could help you figure out the statute in your state, there could be extenuating circumstances involved in your case. A lawyer could better help you understand how long you’ve got. How Long Does a Case Take? Every case is unique and will take a different amount of time to settle than the next. If your case is extremely complicated, it could take many years before a settlement comes out of it. If the case is pretty straightforward and both sides cooperate well, it could be settled without having to go to trial, which means it could settle in less than a year. What Is the Cost to Fight a Wrongful Death? There are a lot of wrongful death lawyers who work on a contingency fee basis. What this means is that you won’t have to pay the lawyer up front. Instead, his or her fee would come out of your settlement. This is a great way to ensure that the lawyer is working hard for you. If the lawyer has a lot of experience, he or she may charge more than someone who is in the first years of practicing law. As you can...
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Social Security Disability Benefits

Experienced Lawyer The Social Security Administration defines disability as someone with the inability to partake in any significant activity due to mental or physical impairment that can be expected to last for no less than a consistent 12-month period, or which can be anticipated to result in death. Essentially, the SSA may consider you disabled if you cannot work in the capacity that you could before, your tasks cannot be adjusted to suit your medical condition, and your condition is probably going to last for one year or cause fatality.  How to Apply For Social Security Disability The process of applying for social security disability benefits entails going to the closest SSA office and filing a claim in person. However, if you are unable to meet in the office, then you can contact the SSA office for an interview over the phone. An attorney understands that applying through the SSA can be very challenging and frustrating. We can see to it that your claim is handled as quickly as possible. Before submitting your initial claim or having an interview, we suggest getting advice from a member of our legal team. We can help you prepare for the application stage by assessing your case and gathering supportive evidence.  Documentation to Complete If you miss any necessary documentation when applying for social security disability benefits, your claim may be denied due to being incomplete. It is imperative that you notify your doctors about your intention to pursue these benefits, so you can get all the medical information you need related to the disability. Medical documents are crucial to your claim outcome and can increase your chances of a timely response by the SSA. If you would like someone to look over your application before submittal, an attorney can provide that service.  What to Do About a Denial Those who receive a denial notice may be terrified about what happens next. Without the benefits they need, applicants may be worried about the stability of their future. The first application may process in around 30-90 days, and if denied then the applicant has 65 days to submit a request for claim reconsideration. The SSA will then have another 30-90 days to review your case. How long a claim takes to process also depends on the medical condition and related documentation provided.  Social Security Benefits and Working  The intention of social security disability benefits...
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