Had a Homemade Fireworks Accident? What to Expect if You Injured Your Own Child
Over the Independence holiday, several reports came in of parents who made "homemade fireworks" and then set them off with their kids close by. Many often get injured, and a few are killed, too. When this happens, should Child Protective Services (CPS) remove the rest of the children in that family? If the child that died was yours, what would you do?
Besides consulting a personal injury lawyer, you should understand the following.
Accept the Fact That Your Children Will Be Removed from Your Home
Despite the fact that many injuries are considered an accident, expect that the rest of your children will be removed from the home anyway. It stands to reason that if you have two adults in the home, and both of you do not stop to realize that you are doing something not smart that can endanger your children, the police and CPS will take your kids. If you are the one that created an explosive or firework that killed one of your children, you will not be allowed near your other children and criminal charges are imminent.
Was Your Child a Bystander?
In the event that you are a parent of a child that was killed by another parent's mistake, you can sue that parent for negligent homicide. Negligent homicide means that the other parent knew that what he/she was doing was dangerous, but did it anyway. As a result, his/her actions killed your child.
You can sue for pain and suffering, sue for the costs of medical bills from the attempt to save your child, and sue for all of the family therapy you and your family will need because of your loss. There may be a few other things you can sue for as well. Criminal charges will be brought against the neighbor, and you will be required to speak in court. In a bizarre twist of fate, you may even foster the children of the neighbor that took the life of your child, but only if there are no other foster care spaces available.
How Will the Court Proceed?
In the case where you are the one who caused harm, death, and personal injury, you will lose your kids to the system. Then you will be charged with the death of your child. Then you will face penalties for those charges, and finally, you will be sued by anyone else who was hurt by your homemade fireworks or explosives.
If you are the surviving parent, you can pursue a personal injury lawsuit against the parent or couple responsible. You may have to wait for their child endangerment and homicide case to clear the courts before pursuing your own case against the guilty party (or parties). You may also be able to pursue your case simultaneously with the other pending cases. To learn more about your options and receive assistance, visit resources like http://www.gdamianilaw.com.