It’s a parent’s worst nightmare– your child is killed coming home from school. Taking his normal route home from his local Newport Beach, California elementary school, 8 year-old Brooks McCann was fatally struck by a CR&R Inc trash truck as he was crossing the street on his bike.

OC Weekly reports on the recently filed wrongful death lawsuit, “CR&R Inc is faulted for having trucks operating in an intersection within six blocks of three schools that were letting out– Newport Heights Elementary School, Ensign Intermediate School and Newport Harbor High School- and doing so after specifically being directed by the city to adjust trash pickup hours to avoid the “clash of children and trucks”.

The parents of Brooks McCann named CR&R Inc as well as the trash truck driver in the wrongful death lawsuit that seeks a range of damages for the death of their son. So what type of damages (aka the financial payout of a case) might be available should the McCann’s prevail in their suit? When it comes to personal injuries and wrongful death, coming up with a number that represents the life and loss of an individual is always a complicated equation. This is especially true and tragic when it comes to children. Many of the calculations around children have to do with speculations about their earning potential, among other things. Some of the easily quantifiable areas of financial recovery in this case and similar ones include the expenses that family paid related to the accident and subsequent death including funeral and burial expenses and any medical expenses as well.

Unjustified killings involving children are pure tragedies and if that is the situation you are currently in, we are so incredibly sorry for your loss. We are here to help. In addition to help with the expenses related to the death and future loss, many find comfort in filing a wrongful death lawsuit for another reason: to help ensure the accident that killed your child does not kill another. Punishing the offender and bringing attention to the incident (if that is what you wish) can help inspire positive change. Get in touch with us today.