The very last place the South Florida Department of John Bales Attorneys Social Services wanted to find itself was facing a wrongful death lawsuit following the death of an infant, yet that’s exactly what they’re doing.
The infant in question is Kameron Ellis who spend a month in a coma before he passed away. His family claims that had the Department of Social Services (DSS) done their duty, Kameron would have been removed from the abusive situation he’d been living in long before he sustained the injuries that led to his death.
When a report was first filed, everyone involved with Kameron including his mother, her mother, and the mother’s boyfriend were quick to tell the authorities that the injuries were sustained when the child started to have a seizure and fell off the couch he’d been on, however when Kameron was admitted to the hospital, doctors discovered that there was no way his injuries could have been sustained in a fall.
It was eventually determined that the actual cause of the injuries was Shaken Syndrome. Further probing revealed that neither Kameron’s mother or her boyfriend were home at the time Kameron was injured, that he was in fact alone with his grandmother. Eventually, police learned that she convinced both of the other adults to lie to the police because she was already under DSS investigating at the time. When the truth came out, police arrested Ellis and charged her with the Unlawful Neglect of a Child.
“This is exactly the type of case that breaks my heart,” said Attorney Joseph Sandefur of South Florida’s top personal injury firm “The government established things like the Department of Social Services in order to protect those who are unable to protect themselves. To see the system breakdown so badly … it’s devastating.”
A wrongful death case is filed whenever it’s believed that someone should have done something to prevent a death from happening. In this case, it’s clear that the plaintiff is convinced that had the DSS done their job and removed Kameron from his grandmother’s care, the child would still be alive today.
While the lawsuit won’t restore the lost loved one back to life, it does help ease some of the pain the plaintiff experiences as a result of the loss. Different cases provide the plaintiff with different settlement options. In this particular case, the plaintiff is asking for a settlement that will cover grief, damages for economics loss, deprivation of love, funeral expenses, and mental anguish.
Because of the complex nature of wrongful death lawsuits, no one should file the paperwork in their local civil court until they’ve had an opportunity to meet with a good personal injury lawyer. Your lawyer will help you do things such as determining who should be named in the lawsuit, how large a settlement you should ask for, and helping collect the evidence needed to prove your side of the case.
More often than not, wrongful death cases don’t go to trial and are solved during the negotiation process. Visit johnbales.com if you have any questions about wrongful death claims.