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Wrongful Death: The Death of a Child

      The loss of a child is perhaps the most devastating loss any parent can contemplate.  Parents who lose their child will often be at a complete loss and emotionally traumatized.  When the death of your child is due to the negligence of another, the death may be all the more painful knowing that it could have been prevented. 

      While nothing can bring your child back, wrongful death statutes set out by each state are intended to compensate the parents of deceased children for their loss.  These statutes authorize the bringing of a wrongful death lawsuit against the negligent party responsible for the death.  Those found responsible for the death of the child must provide financial compensation to the child’s parents or guardian. 

Wrongful Death of a Child

      A wrongful death action is a civil lawsuit decided by a judge or jury.  These sensitive cases require the value of the child’s life be assessed in order to award compensation to the parents or lawful guardians.

      The value of the child’s life will be determined by analyzing several critical factors, including the child’s age, health, expected lifespan if not for the accident, and earning potential.  States will vary in the exact factors considered, and the analysis may change depending upon whether the child was an adult or minor. 

      Often, the parents of adult children will not be eligible to receive compensation unless they were dependent upon the deceased adult child for support.  This means that the parents received financial support from the adult child, such as living expenses or housing. 

      When the death of a young child is at issue, the parent’s emotional loss and the loss of the child’s life experience will be critical in determining the value of the child’s life, as the future earning potential is highly speculative.

Obtaining Compensation for the Death of a Child

      Bereaved parents can bring a lawsuit seeking compensation for the loss of their child.  The circumstances of the child’s death will impact the outcome of the wrongful death suit. 

      Liability will be among the most important early considerations.  Wrongful death claims can be made for the accidental death of a child due to negligence, or willful or intentional acts that lead to the child’s death. 

      If the court finds the defendant responsible for the wrongful death of a child, severe financial consequences, as well as criminal charges, can result.  If the death is, on the other hand, purely accidental, then the death may not be compensable. 

Damages in a Wrongful Death Suit Involving a Child

      Every wrongful death case is different and the laws as to damages available when children victims are involved will vary by state.  Generally, a parent of a child killed due to negligence may be able to receive damages such as:

  • Funeral and burial expenses
  • Medical costs incurred prior to death
  • Loss of financial support
  • Loss of companionship and love
  • Mental anguish and suffering
  • Psychological testing, as necessary

Zinda Law Group:  Assisting Bereaved Parents in Bringing Wrongful Death Actions  

     If your child has been killed due to the negligent actions of another, the Texas Wrongful Death Attorneys at Zinda Law Group will help you obtain justice.  We will zealously fight for your full recovery following the loss of your child. 

      Our wrongful death awards involving deceased children will often include medical and funeral expenses, lost financial support, loss of love and companionship, grief and anguish, and much more.  Call Zinda Law Group toll free at 800-863-5312 to schedule your free consultation.



 

800-863-5312