Parents are not supposed to outlive their children. It is a rule that people do not even discuss, fearing that talking about it will make it come true. The loss has lifelong impacts on a person.
A wrongful death lawsuit cannot replace a child or undo the pain of a loss. However, it can provide families with some sense of justice and the funds to pay for economic losses and provide for therapy and other interventions to help with healing. Talk to a lawyer to learn more about filing a suit for the wrongful death of a minor in Houston.
Wrongful Death Suits for Minors Are Relatively New
Wrongful death lawsuits used to focus primarily on financial loss. As a result, parents did not have a wrongful death claim for their minor children since children do not support the family. This was a tremendous oversight since most people dread the loss of a child more than any other loss.
Texas Civil Practice & Remedies Code § 71.002 explicitly addresses that gap in the prior law by stating that parents have a right to file for the wrongful death of their children. Of course, parents are not the only people who may have a wrongful death claim for the death of a minor. In Texas, children as young as 16 can get married with parental consent, and those under 16 can get married with a court order. Additionally, once they hit reproductive age, minors may be parents themselves. So, spouses and children could also have claims.
For a free legal consultation with a wrongful death of a minor lawyer serving Houston, call (832) 449-8230
Prevailing in a Wrongful Death of a Minor Claim
To prevail in a wrongful death claim, the survivors must prove that the alleged wrongdoer’s negligent or reckless act or failure to act led to the death of the minor. Doing that involves investigating the claim and collecting evidence to prove that the other party is guilty.
One significant difference between wrongful death cases for minors and adults is the standard of care or legal duty of the defendant. When the victim of a personal injury is an adult, the defendants only have to take reasonable steps to protect the adult. For example, having a swimming pool on the property is not evidence of negligence since adults should know not to trespass onto someone else’s property and go swimming.
In contrast, when the victim is a child, the duty of care may be more significant. Property owners could be liable if an attractive nuisance contributed to the death of the child. Caregivers are responsible for taking care of children in a way that would not apply to most adults. Even drivers may have a higher standard of care if children enter the roadway or otherwise become a hazard. Understanding the differences between the duties owed to adults and other children is a critical element in establishing a wrongful death claim for a minor in Houston.
Houston Wrongful Death Of A Minor Lawyer Near Me (832) 449-8230
How Houston Attorneys Help With Wrongful Death Claims
Wrongful death claims are always very emotional, but when children are involved, they are even more emotionally challenging. Having an attorney represent the survivors can help them maintain some distance from the process. Attorneys can provide professional, objective advice about whether a settlement offer is fair and guide survivors to make decisions in their best interest.
While attorneys are not therapists, they can also be an invaluable source of emotional support for surviving family members. The attorney is on the survivor’s side and has a goal of getting justice for the family. Just knowing they are not alone can help survivors deal with the aftermath of a tragic personal injury leading to death.
Attorneys also handle the paperwork and deadlines. Grieving a child can be an overwhelming process, with ups and downs that can be impossible to predict. It is easy for families to overlook necessary filing deadlines or other required paperwork, which could result in a negative outcome on their claim.
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Speak to an Attorney About the Wrongful Death of a Minor in Houston
When a family loses a child, nothing can fill the void. Wrongful death suits do more than provide compensation for families. They also provide justice by holding the wrongdoer accountable for their actions. Contact a lawyer to learn more about claims for the wrongful death of a minor in Houston.
Call or text (832) 449-8230 or complete a Free Case Evaluation form