Lawsuits For The Wrongful Death Of A Child in Texas
At Sneed & Mitchell LLP, our attorneys specialize in litigating wrongful death cases on behalf of child victims against the people or company responsible. Based in Texas with a national reputation, attorney Brit Mitchell and her award-winning trial team are highly experienced and widely recognized as the leading child injury attorneys in the State of Texas.
Losing a child is one of the hardest experiences anyone can go through. When this loss happens because of someone else's carelessness or harmful actions, the pain and confusion can feel unbearable. In Texas, families who face this tragedy can seek justice through a wrongful death lawsuit and an additional survivorship cause of action.
Our compassionate child injury and wrongful death attorneys will help your family advocate seek accountability from the liable party, achieve a sense of justice, and secure resources that may help with healing. Contact Sneed & Mitchell LLP today at (866) 434-0014 as soon as possible so we can begin working on your behalf before time runs out.
Sneed & Mitchell Specializes In Handling Wrongful Death Actions Involving Children
At Sneed & Mitchell LLP, our Child Injury Lawyers have a specialized focus on protecting injured children and their families. What sets our firm apart from all others includes:
Child Wrongful Death Experts. Our child wrongful death lawyers work with accident reconstructionists, safety experts, medical experts, and other specialists to determine exactly how and why a child's death occurred.
Grief & Mental Health Experts. We work with psychologists and grief experts who can document the profound emotional impact the wrongful death of a child has on parents and surviving family members.
Detailed Wrongful Death Investigations. Our team investigates records, surveillance footage, witnesses, safety violations, prior incidents, and other evidence to identify every person or company responsible for your child's death.
Lifetime Loss Focus. The death of a child creates losses that extend throughout a parent's lifetime. Brit Mitchell and Niles Sneed have secured 8-figure recoveries and more than $200 million in settlements and verdicts.
Experience With Child Wrongful Death Cases. Our attorneys understand the unique legal, emotional, and evidentiary issues involved when parents pursue a wrongful death claim after losing a child.
No Fee Unless We Win. Our child wrongful death lawyers work on contingency, so families pay no attorney's fees unless we successfully recover compensation.
Our firm understands that no amount of compensation can replace a child. We handle every aspect of the wrongful death case from investigation through resolution, allowing families to focus on themselves and each other.
The Child Wrongful Death Act in Texas
Under the Texas Civil Practice & Remedies Code §71.002, a wrongful death lawsuit can be filed in Texas when a child dies due to the negligent or criminal actions of another party. Parents must prove the defendant’s negligence or careless actions caused the death of their child.
In child wrongful death cases, lawyers must prove four main parts of negligence: duty, breach, causation, and damages.
First is duty, meaning the defendant had a legal obligation to act in a way that would protect the child from harm. Second is breach of duty, which happens when the defendant fails to meet that obligation, acting carelessly or neglecting to act when they should have. Third is causation, showing that the defendant’s failure directly caused the child’s death. Finally, there are damages, which refer to the emotional, financial, and other losses the child’s family suffers because of the death. All four elements must be proven to establish negligence in such cases.
Finally, a wrongful death attorney in a child fatality case need to show that the child’s death caused damages, such as medical expenses, funeral costs, and emotional pain. By proving these points, families can seek justice and compensation under Texas law.
What Type of Attorney Files Wrongful Death Lawsuits?
Child injury lawyers work on cases where a child has lost their life because of someone else's careless or reckless actions. Wrongful death cases involving children require an attorney with experience in wrongful death claims and different types of personal injury law. In Texas, attorneys who handle these cases have specific training and experience in:
Personal Injury
Many wrongful death attorneys have backgrounds in general personal injury law and are prepared to take on a wide range of cases. With skills in both negotiation and courtroom litigation, personal injury attorneys can handle various wrongful death claims, including those involving intentional acts, unsafe conditions, or instances of severe negligence.
Medical Malpractice
Attorneys experienced in cases where medical negligence leads to a wrongful death must be well-versed in reading and interpreting complicated surgical and hospital files. Malpractice lawyers must investigate the medical records, consult expert witnesses, and evaluate if a medical professional’s actions (or lack of action) fell below the standard of care. Child wrongful death claims involving birth injuries, surgical errors, or misdiagnoses often require the expertise of a medical malpractice attorney to secure fair compensation for the family.
Premises Liability
Premises liability means that a property owner or manager can be held responsible if someone is hurt or killed on their property because of unsafe conditions. In the case of a child’s wrongful death, the owner must have had a duty to keep the property reasonably safe, especially if they knew children could come onto the property. When a child dies due to dangerous or poorly maintained property, such as an unsecured swimming pool, exposed wiring, or unsafe playground equipment, a premises liability attorney is typically the best fit.
Product Liability
Product liability happens when a defective or dangerous product causes harm or death. If a child dies because of a faulty product, the manufacturer, seller, or designer may be responsible. This could include toys with choking hazards, car seats that fail in a crash, or products that are not properly labeled with warnings. In such cases, the law focuses on whether the product was safe for use and whether the defect caused the child’s death. Families can seek compensation for their loss by holding the company accountable.
Car Accidents
Car accidents can lead to wrongful death when a driver acts recklessly, like speeding, texting while driving, or ignoring traffic rules. In cases involving children, the driver may be held responsible if their careless actions caused the crash. Sometimes, accidents also involve faulty car parts, such as brakes or airbags, making the car manufacturer potentially liable. For children who pass away due to a car accident, an attorney experienced in automobile accident law can help with handling complex claims involving drunk, distracted, or reckless drivers. Auto accident fatality attorneys also have experience in negotiating with insurance companies to secure fair settlements.
A wrongful death lawyer can handle a range of complex case needs, such as investigating the cause of death, collecting evidence, negotiating with insurance companies, and representing the family in court. Lawyers for children’s wrongful death cases in particular must understand Texas-specific legal requirements, such as deadlines (known as statutes of limitations) related to minors, and the intricacies of calculating damages.
Hiring an experienced attorney can make the difference between a settlement that helps families move forward and one that falls short of addressing the full impact of the tragedy. Contact Sneed & Mitchell LLP at (866) 434-0014 for a no-fee confidential consultation to discuss your circumstances and needs.
Protecting Minors with Guardian Ad Litems
In wrongful death cases involving minors, a guardian ad litem (GAL) plays an essential role in protecting the child’s interests. A GAL is a neutral third party, often appointed by the court, to represent the minor’s legal and financial interests during the case. This is especially important when the case involves settlements or disputes over how damages should be distributed among family members. The GAL ensures that the minor’s portion of any compensation is fair, protected, and used for their benefit. Their role helps prevent conflicts of interest and ensures that the minor’s rights are not overlooked during complex legal proceedings.
GALs do not negotiate settlements, but advocate for the child's rights and well-being throughout the legal process. In Texas, the guardian ad litem plays a crucial role in cases where the court must balance various family interests and ensure that minors are adequately protected and receive fair representation. Working with an attorney knowledgeable in wrongful death claims ensures that a guardian ad litem is appointed when necessary, giving parents and guardians peace of mind that their children’s futures are secure.
How Are Survival Actions & Wrongful Death Claims Different?
Survival actions and wrongful death claims are two different types of legal cases that families can file after a child’s death. A wrongful death claim focuses on the family's losses, like the emotional pain of losing the child, funeral costs, and the financial support the child might have provided in the future. It is about how the child’s death has affected the family.
A survival action, on the other hand, is about the harm the child suffered before their death. It allows the family to recover damages for things like the child’s pain and suffering, medical bills, and lost wages if the child was old enough to work. This type of case focuses on what happened to the child, not just the family’s loss. Sometimes, families can pursue both claims to seek full justice for their tragedy.
Both wrongful death claims and survival actions can be filed simultaneously, allowing families to pursue a more comprehensive range of damages. For example, a family may file a wrongful death claim to cover their own emotional and financial loss and a survival action to address the medical and pain-related costs that the child endured.
These dual claims recognize both the family’s grief and the child’s suffering, offering a fuller scope of justice.
The Statute of Limitations Deadline
Texas sets a time limit on how long families have to file a wrongful death claim, known as the statute of limitations. For most wrongful death cases, families have two years from the date of the child’s death to file. Missing this deadline typically means forfeiting the right to pursue compensation, making it essential to consult a wrongful death attorney promptly.
There are certain exceptions to this timeline which apply, especially for minors. If an injured minor is entitled to file a claim, the statute of limitations is typically "tolled" or paused until they turn 18, giving them two years from their 18th birthday to file a lawsuit. Additional exceptions may apply if the family only discovered the cause of death later due to hidden factors (known as the "discovery rule") or if the defendant intentionally concealed their involvement in the death, which can further extend the deadline. Cases involving government entities have their own strict deadlines, typically requiring a claim within six months.
What Compensation Can Families Receive?
Compensation or damages in child wrongful death cases can vary widely. Wrongful death settlements and verdicts can recognize both tangible costs, like funeral expenses, and intangible losses, such as the loss of the child’s love and companionship.
In Texas, parents may receive economic damages that include financial losses for medical bills, funeral costs, and lost potential earnings (often considered if the child was older and preparing for future employment). Then there are substantial non-economic damages to consider, which can include emotional pain, mental anguish, and loss of companionship, which is particularly significant when families lose a child.
In cases where the responsible party’s actions were especially reckless or malicious, the court may also award punitive damages to punish the wrongdoing and deter similar actions in the future. These funds are added additionally on top of economic and non-economic damages you’re entitled to receive.
Filing on Behalf of Deceased Minors with No Surviving Parents
In tragic cases where minors have no surviving parents, other close relatives, such as siblings or grandparents, may be eligible to file. However, these cases can become more complex and often require additional legal proceedings to determine who may represent the deceased’s estate or qualify to file a wrongful death suit.
Consult With Experienced Child Wrongful Death Attorneys in Texas
To win a wrongful death case, strong proof of negligence is needed. Your lawyer will handle this by collecting evidence, such as accident or medical records, talking to witnesses, working with experts, and keeping any physical evidence safe. This work is important to build a strong case and ensure fair compensation for your loss.
A child wrongful death lawsuit can do more than provide financial help. It can also lead to changes that make the world safer, such as better road rules, improved healthcare, or safer properties. By taking action, families can help prevent similar tragedies and spare others from the same pain.
If you have lost a child because of someone’s negligence, talk to a wrongful death attorney right away. A kind and skilled lawyer can help you seek justice and hold the responsible person or company accountable. Contact Sneed & Mitchell LLP at (866) 434-0014 for a free consultation. We serve families across Texas and are ready to help you now.
