Who can be held liable for the wrongful death of a minor?
In California, any individual, business, or organization found to be legally at fault for the death of a minor can be held liable for wrongful death. Depending on the situation, the liable individual or entity could range from an individual driver to a company that manufactured a faulty product. When a minor is killed due to a negligent act or omission by someone or something, the law allows the deceased minor’s family to hold the responsible party accountable. If the person or entity responsible is the one that ultimately caused the death, then the court can assign damages for the family’s loss. This could include direct losses such as medical expenses, burial costs and lost wages of the deceased. Moreover, the family may also receive financial compensation for the negligent actions of the responsible party, such as pain and suffering, loss of consortium, and other non-economic losses like loss of parental guidance and companionship. In California, typically the surviving parents and legal guardians of the deceased minor can pursue wrongful death claims. However, the court may also consider any siblings or other close family members to be legal representatives of the deceased and allow them to file a claim on behalf of the minor. In conclusion, anyone or anything found to be legally at fault for the death of a minor in California can be held liable for wrongful death, with damages set by the court for the deceased minor’s family.
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