Legal Options Parents Have After the Unintentional Death of a Child

 Posted on August 18, 2022 in Personal Injury

Last month, the governor of Illinois signed the Family Bereavement Leave Act. This new law amends the Child Bereavement Leave Act (CBLA) and expands the scope of unpaid bereavement leave that is available to Illinois workers. This new law will go into effect on January 1, 2023.

The previous law only covered the loss of a child or stepchild. Under the new law, however, a two-week, unpaid bereavement leave extends to employees who have experienced a stillbirth, pregnancy loss, and a number of other types of losses.

Unintentional Acts

According to the Centers for Disease Control (CDC), the leading cause of death for individuals between the ages of 1 and 24 is unintentional injuries. One in five child deaths is a result of unintentional injury.

The most common types of incidents causing child deaths from unintentional injuries include:

• Firearm accidents

• Motor vehicle accidents

• Fires/Burns

• Suffocation

• Drownings

• Poisonings

• Falls

• Suffocation

• Medical negligence

Fatal Birth Injuries

Some parents suffer the tragic loss of their child before the baby physically enters the world. According to national statistics, approximately 20 percent of all infant deaths are the result of some type of birth injury. The majority of these injuries are caused by medical negligence of some other form of malpractice.

The Loss of a Child

There is nothing as devastating for a parent as the tragic loss of a child. That loss is even more overwhelming when it is caused by the negligence or recklessness of another party. When this occurs, it is important for the parents to speak to a compassionate wrongful death attorney to find out how they can obtain justice for their child’s death.

While no amount of money will ever make up for the parents’ loss, in many cases, financial justice is the only justice that is available to them. Unless the at-fault party was breaking the law when the accident occurred, there will unlikely be criminal charges filed against them. Even in cases where the law was being broken, such as in a drunk driving accident, the amount of jail time – if any – is minimal.

Contact a Cook County Personal Injury Attorney

If you have suffered the unimaginable loss of your child, Gruzmark Law, Ltd. is here to help you through the legal process. Call 847-729-7660 to schedule a free and confidential consultation with one of our dedicated Glenview, IL wrongful death attorneys to discuss what legal recourse you may have.

Sources:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5568777/

https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=102-1050

 https://news.bloomberglaw.com/daily-labor-report/new-illinois-law-requires-leave-for-miscarriage-failed-adoption