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Shapiro & Appleton

Fatal Head-on Car Accident Leaves Two Children Orphaned

In Clay County, Florida two West Virginia children injured in a recent deadly head-on crash on State Road 21 remain in critical but stable condition.  Tragically the crash killed five adults, including the children's parents.  As Virginia (VA) wrongful death attorneys we know that there is nothing more painful than when a loved one is killed in a preventable car accident.  It is even harder when families are destroyed and ripped apart by a careless driver.

There are additional legal rights and legal remedies available to children whose mother or father has been killed in a car accident.  A child who has lost a parent can sue for more than the compensation and damages specifically identified in the Wrongful Death Act.   The child’s family can also sue for “loss of gifts or other valuable gratuities” and “loss of parental training and guidance.”

Along with the wrongful death case, family members will also need to seek compensation for the seriously injured children as well.  Typically, in situations where a child has been injured, the child's settlement is detailed with a "minor’s compromise," that lays out the terms of the child's settlement. Because a minor is not old enough to sign a settlement, the court must approve it. The minor’s compromise petition tells the court how much money the other party has agreed to give to the child, where the money will be kept in trust, and who will be the trustee of the account. The petition also details how much money goes to medical providers, and to the child’s guardian for out-of-pocket expenses and attorney fees.

Our team of Virginia wrongful death attorneys published an in-depth legal guide to help people who are struggling with the loss of a family member or loved one from a sudden, unexpected accident. 

 

CT

Randy E. Appleton
Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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