Can You File A Wrongful Death Lawsuit For A Child?
Yes. Texas law enables parents and family members to file wrongful death lawsuits and sue the person or party that negligently or carelessly caused the death of their child. A Texas Child Injury Lawyer will guide you through filing the case and inform you of how death-related lawsuits work, who can assert the claims in civil court, whether settlement or trial is likely, and what to expect after the case has been filed.
Wrongful death lawsuits can be incredibly complex and take place during a highly emotional time. For the parents or loved ones grappling with the devastating effects of such a loss, legal action may not seem like an immediate priority. However, when that loss is the result of someone else’s unsafe actions, a wrongful death lawsuit is a path to justice and helps families seek accountability and potentially prevent similar incidents from occurring in the future.
If you need to file a wrongful death lawsuit due to the loss of your child, call 866-434-0014 today. Our Child Injury attorneys regularly handle complex death cases involving children and will advocate for justice on behalf of your son or daughter.
What Is A Wrongful Death?
As the term implies, a "wrongful death" is when a loss of human life is caused by a "wrongful" action or inaction, and involves the following mental states:
carelessness or recklessness
gross negligence
intentional conduct, or
criminal actions
The improper conduct can be caused by an individual person, like when a truck driver exceeds the speed limit and crashes into a school bus, or by an entity like a company, like when a manufacturer's toy design is dangerous and contains choking hazards.
What Is A Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal cause of action that arises when someone’s death is caused by the negligent or intentional acts of another person or entity. In the case of children, this can include situations such as a drowning at a pool with inadequate supervision, a fatal car accident, or an animal attack that leads to death. In Texas, the surviving family members can pursue a claim for financial and emotional losses stemming from the wrongful death of their child.
The lawsuit can help recover damages for things like medical expenses, funeral costs, loss of companionship, and the emotional suffering endured by the family.
The Type of Lawyers That Handle Wrongful Death Claims Involving Children
Child Wrongful Death Lawyers are the type of attorneys best suited to help families pursue civil lawsuits for children that died due to negligence or wrongful actions of another party. These attorneys have a unique understanding of the dangers children face and investigate accident scenes with a specialized knowledge of the legal duties people and corporations have to follow to prevent children from being placed in dangerous situations.
Being considered a Child Wrongful Death Lawyer, or Child Injury Advocate, means that a bulk of the attorneys practice involves cases of children that have suffered catastrophic injury or died. Every personal injury attorney that handles wrongful death cases are not experienced at holding negligent parties fully accountable for the loss of a child.
In general, wrongful death actions allow loved ones to seek all of the forms of monetary damages discussed in Chapter 71 of the Texas Civil Practices and Remedies Code, including, pain and suffering, loss of companionship, mental anguish, lost income, and much more. But when cases involve minors many people are left wondering, "Are kids entitled to the same types of damages as adults are?" The answer is yes, relative to the child's life experience at the time. Parents pursuing wrongful death actions have the right to recover amounts equal to the value of the child's life, and this includes the full range of economic and non-economic damage categories intended to address the devastating impact on the family.
Recovery on behalf of the deceased child can also include a survivorship action. This separate cause of action focuses on the pain and suffering experienced by the deceased before they passed away, compensating for damages like medical bills and suffering endured before they succumb to their injuries. Together, the two legal avenues are distinct but can be pursued together to ensure both the family’s and the child's rights are fully addressed.
Attorneys that regularly handle child injury claims understand the complicated and overlapping legal frameworks that apply to these death cases, including the importance of preserving evidence, filing within the statute of limitations, and ensuring that the surviving family’s interests are fully protected. Child Injury attorneys also work to navigate the sensitive emotional elements of the case, balancing the legal aspects with the compassion and empathy families deserve during such a difficult time.
Defendants Often Try To Blame The Parents or Child
Defendants and their respective insurance companies usually attempt to blame the parents whenever the injuries their child sustained. Inadequate supervision is a common defense tactic in situations where the parents were also at the scene of the accident. When this strategy appears less realistic, blaming the child themselves for the tragedy is often their next move.
Those defending wrongful death cases claim these defenses because when the victim or a loved one could also be found partially at fault, then the Texas law of joint and several liability is triggered. Joint and several liability means that if any single party is deemed more than 50% responsible in causing the death to occur, then that defendant no longer has to pay compensation for their actions or inactions. An experienced child injury lawyer is required to protect the child and the child’s family from being blamed for the loss of life.
Who Can File A Wrongful Death Claim On Child?
Under the Texas Wrongful Death Act, a parent or legal guardian qualify as the statutory beneficiary of the deceased child and can file a wrongful death claim on their behalf. The term "parents" includes both biological parents or adoptive parents. In situations where the parents are unmarried or divorced, both individuals can seek separate legal council and file wrongful death lawsuits as plaintiffs to represent their interests. A child's sibling, aunt, uncle, grandparents, or close family member could also file the lawsuit if they quality as the child's legal guardian.
Who Can Be Liable For Wrongful Deaths Involving Children?
There are many potential parties who could be liable in a child wrongful death case, depending on the circumstances surrounding the tragedy. The responsible party may be a person, a company, or even a government entity. Below are some of the most common types of defendants in these cases:
Premise Owners
If a child dies due to unsafe conditions on someone else's property, such as in a falling mirror within a store, or faulty equipment within an trampoline park, the owner can be held liable for the fatality. Premises owners are required by Texas law to ensure their premises meet the proper safety standards applicable to their industry, and to make sure that nothing poses an unreasonable risks to kids.
Motorists
In the event of a car accident caused by a reckless or negligent driver, that driver can be held responsible for the child's death. Whether it involves speeding, distracted driving, or intoxicated driving, motorists owe a duty of care to everyone on the road, especially vulnerable pedestrians and child passengers.
Daycares
Daycare facilities are entrusted with the care and safety of children. If a daycare is negligence, such as in failing to properly supervise children and this leads to a fatal accident, then they can be held accountable for the wrongful death. An example scenario would be if a child slips away unnoticed from a playground and unfortunately drowns in a nearby waters, the daycare would be deemed liable for not having sufficient staff or protocols in place to prevent children from leaving the premises.
Pet Owners
If a child is attacked by a dangerous or improperly restrained animal, such as a dog, the pet owner could be liable for the child’s death. Texas law requires pet owners to take precautions to prevent their animals from harming others, so if a dog that has a history of aggression escapes its yard and fatally attacks a child, the owner could face serious legal consequences for failing to secure the animal properly.
Toy and Product Manufacturers
If a child dies due to a defective toy, car seat, or another product, the manufacturer may be held responsible. Product liability claims focus on the inherent dangers of a product that wasn’t properly designed, manufactured, or labeled with adequate warnings. So if a car seat malfunctions in a crash due to a design flaw and fails to protect the child, the manufacturer could be sued for producing an unsafe product that contributed to the death. Likewise if a toy physically injures, traps, or poisons a child because it was not properly designed for play.
Maintenance Contractors
When contractors fail to properly maintain or repair playgrounds, pools, or other equipment, and a child dies as a result of their negligence, they too may be held liable in a wrongful death claim. If faulty maintenance of a playground slide leads to a fatal accident because the equipment was unstable, the contractor responsible for its upkeep could be held accountable for not performing proper repairs or inspections.
Other Third-Party Companies
Any other business entity whose actions or failures contribute to a child’s death can also be defendants in a wrongful death lawsuit. For example, if a school bus contractor fails to conduct background checks on drivers, and a child is killed in an accident caused by an unqualified or impaired driver, the company can face legal consequences for negligence in hiring practices that directly contributed to the fatal incident.
The Attractive Nuisance Doctrine in Child Death Cases
The attractive nuisance doctrine is a tort law principle that holds property owners responsible the injuries trespassing children sustain on the dangerous conditions within the landowners' property. This might not appear like a fair at first glance, but the law notes several conditions in particular that drawn or lure children onto the property of another person and can also post a risk to their health and safety. The law essentially forces property owners to treat trespassing children the same as an invitee, which is a guest.
Examples of attractive nuisances include:
swimming pools
weapons
construction sites
trampolines
fountains
construction sites
abandoned automobiles
playground equipment
discarded appliances
water features
ladders
farm equipment
machinery
scaffolding, and
wells
The list of conditions that qualify as an attractive nuisances is extensive and includes any potentially dangerous condition that the landowner should have known was attractive to children and also was aware could pose harm to a child. Many wrongful death cases hinge on whether an item or condition qualifies as an attractive nuisance. Owners are required to engage in the proper actions to prevent children from accessing the dangerous item, and evidence of unrepaired locks, unlocked doors, broken fences, an absence of fencing, and uncovered pits or holes become common evidence used to hold a person or company liable for a child's death under the attractive nuisance theory of liability.
How To File A Wrongful Death Lawsuit
If your child died due to unsafe conditions you may have grounds for a wrongful death lawsuit. Here are the steps typically involved in filing this type of claim:
Consult an Experienced Attorney
The first and most crucial step in pursuing a wrongful death claim is consulting with an attorney who specializes in wrongful death cases, particularly those involving children. This is not just any personal injury case, it’s one with deep emotional complexities and specific legal nuances that require expertise in this area. Your lawyer will explain your legal rights, what you can expect throughout the process, and the types of damages that could potentially be recovered, such as funeral costs, emotional suffering, and loss of future financial support. A consultation with a child wrongful death attorney is an opportunity for you to ask questions and ensure that the attorney is someone you feel comfortable working with during what will likely be a difficult time.
Investigate the Incident
Once you have retained a lawyer, the next step is a comprehensive investigation of the incident to build a strong case. Your attorney will meticulously collect a range of evidence, including potential witness statements from those who may have seen the unsafe condition that led to the child’s death or observed previous complaints about the issue. Your lawyer may also request security camera footage, witness statements, other forms of direct and circumstantial evidence that point to the defendant's liability. Onsite inspection are also often critical to determining what went wrong in causing the loss of life. Company documents can reveal whether the tortfeasor knew about the dangerous condition and failed to act. In many cases, a child injury attorney with retain an expert case witnesses, such as safety inspectors or engineers, to review the facts and testify about the condition that were a violation of safety standards.
Negotiations or Trial
Once enough evidence is gathered, your lawyer will file a formal wrongful death claim on your behalf. The defendants will then be served with the lawsuit, which means they are legally obligated to respond and defend against the claims. The next stage often involves negotiations between your attorney and the defendants. In many cases, the defendants may prefer to settle out of court to avoid the expense and uncertainty of a trial. During negotiations, both parties will discuss a settlement amount that reflects the financial and emotional losses caused by the child’s death. Your attorney will work to ensure that any settlement offer is fair and sufficient to cover the full extent of damages, including funeral costs, medical bills (if applicable), loss of companionship, and the emotional trauma endured by your family.
If a settlement cannot be reached, or if the defendants refuse to accept responsibility, your case may proceed to trial. Your attorney will present the evidence and expert testimony gathered during the investigation, with the ultimate goal of holding the responsible party accountable and securing some form of closure for your family. During the trial, both sides will present their sides, and a presiding judge or jury will determine whether person of entity is was liable for the death and, if so, how much compensation should be awarded.
Schedule a free consultation with Sneed & Mitchell LLP by calling (866) 434-0014, or by filling out our confidential online form. Our attorneys can begin advising you immediately, answer your questions about Texas law, and provide you with regular updates and timeline estimations during representation.
What Is the Statute of Limitations for Child Wrongful Death Claims in Texas?
In Texas, the statute of limitations for wrongful death lawsuits is typically two years from the date of the child's death. However, in cases involving children, there’s an extension of this period. The statute of limitations for minors often allows a claim to be filed up to two years after the child would have reached the age of majority, which is typically age 18 in Texas. This means that the parents or guardians have until the child would have turned 20 to file a lawsuit.
However, it is always advisable to file a claim as soon as possible after the tragedy. Delaying the process can lead to challenges, such as the loss of critical evidence or the fading of witness memories. Acting promptly helps ensure that all relevant information is gathered while still fresh and gives your legal team the best chance at building a solid case. Beginning the process as soon as possible often means a faster conclusion so that this unresolved matter does not cause ongoing emotional distress for surviving family members.
Start The Process Of Filing A Child Wrongful Death Claim
To file a wrongful death lawsuit on behalf of a child, call 866-434-0014. Child Injury Attorney Brit Mitchell has represented the lives of many children in wrongful death and survivorship lawsuits in Houston, Dallas, Austin, San Antonio, and throughout the State of Texas. Let us handle the paperwork of a lawsuit so your energy can be preserved for your emotional health and devoted to the well-being of your loved ones.
We Also Offer Bilingual Child Injury Assistance
If you need legal assistance for your family in Spanish, we will be more than happy to assist you. Our experienced Spanish-speaking child injury attorneys have fought for the lives of hundreds of children within the Latino community throughout the State of Texas. Let us make a difference in your life. Call or message us today for a free, no obligation case consultation. And remember, there are no upfront charges for our services. We don't receive a dime unless we are successful on behalf of your family.