After a Child Dies Due to School Negligence, the Parents Sue

By: JML Law | January 23, 2018.

Martin Murillo and Roberta Gomez, whose eight year-old son died several days after falling out of his chair at the special needs school he attended, have made the decision to sue the Hacienda La Puente Unified School District for negligence. On May 31 2017, the boy, who had Down’s Syndrome, was critically injured when he fell from a chair which was meant to have safety restraints in place, sustaining a neck fracture.

Negligence on the Part of the School District

The fall from the chair at Sunset Elementary School caused Mr. Murillo and Ms. Gomez’s son to go into cardiac arrest. Moises Murillo was taken to the Queen of the Valley Hospital in West Covina, before being transferred to Children’s Hospital of Orange County, where he tragically passed away on June 4.

The lawsuit outlines the grounds for the accusation of negligence on the school’s part, stating “Compulsory education laws created a special relationship between students and (school districts) and students have a constitutional guarantee to a safe, secure and peaceful school environment”, and going on to say that the Hacienda La Puente School District failed to provide appropriately safe surroundings for Moises Murillo, including allowing him to sit in the chair without safety restraints to prevent such a fall. It has been suggested that there were no adequate procedures in place to support Moises Murillo and other children with complex special needs.

Dealing With Wrongful Death

The death of a loved one is always difficult to come to terms with, and can have a significant impact for a long period of time. While wrongful death attorneys cannot bring your deceased friend or family member back, they can help to ease some of the financial stress that can be associated with an untimely demise. However, wrongful death cases can only apply to over 18s, potentially adding an extra layer of grief for the family. However, financial compensation for the parents can possibly be obtained through other means, such as a negligence claim.

Once your case is safe in the hands of an experienced Long Beach wrongful death attorney, you can take time to take care of yourself after what’s sure to have been a devastating time. Coping with loss caused by someone else’s negligence can be particularly difficult, but some advice you may find useful includes:

  1. Taking the plunge and talking to friends and family about your loss. Your natural reaction may be to bury your emotions, but this won’t help you in the long run
  2. It’s fine to be emotional, so don’t be afraid to cry
  3. Try to take care of yourself as much as you can manage. Going for a walk or run, sleeping as well as you can, and remembering to eat can all help with your grieving process
  4. Remember the happy times too. While your loss will remain significant, of course, you may find it soothing to recall your favorite times with your loved one, perhaps family vacations, or even just an afternoon at the park with a child
  5. Don’t force yourself to get back to normal too soon. Everyone grieves and recovers at their own pace, so let your body and mind take their time and heal themselves

Do You Need a Wrongful Death Attorney

If you feel you could benefit from the expertise of a Long Beach wrongful death attorney, contact us today on 818-610-8800 to schedule a free consultation.

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