Under Texas personal injury law, parents who have experienced the wrongful death of a child, may have the right to go after legal recourse through suing for a wrongful death.
Families can seek a financial settlement for the monetary and emotional losses caused by the wrongful death of their child.
While financial compensation does not address the psychological devastation of this substantial loss, it can help provide support during the grieving process and while the family attempts to heal.
In this blog post we’ll explore the rights of parents in Texas to file a wrongful death lawsuit after the tragic loss of a child, covering legal eligibility, potential compensation, timelines, and the role of experienced attorneys in seeking justice and support.
Let’s begin.
Who Can File a Wrongful Death Lawsuit in Texas for the Death of a Child?
In the tragic event of a child’s wrongful death in Texas, specific individuals are legally authorized to file a wrongful death lawsuit.
Under Texas Civil Practice and Remedies Code Title 4, Sec. 71.001, this right is typically reserved for the deceased’s parents or legal guardians. This includes both biological and adoptive parents.
In cases where parents are divorced, each parent could possibly pursue a personal injury claim independently.
In situations where the child has no surviving parents or legal guardians, other eligible individuals may file the wrongful death claim. This could include a court-appointed guardian or close relative with legal custody.
Texas Limits the Number of Wrongful Death Claims per Death
Disputes among family members can sometimes arise regarding who should file a wrongful death lawsuit. Because of this, multiple survivors may file claims on behalf of the deceased individual. However, most courts will only allow a single wrongful death lawsuit per decedent to prevent confusion and potential conflicts. Typically, the court consolidates multiple claims into a single action.
Compensation for Wrongful Death of a Child
A personal injury lawsuit regarding a minor in Texas can provide significant financial compensation for various losses suffered by the surviving family members. We typically categorize these losses into two main types: economic and non-economic damages.
Economic damages are expenses directly tied to a financial sum, whereas non-economic damages are more intangible.
When calculating what surviving parents may receive from a wrongful death lawsuit for the loss of a child, an attorney will calculate both past and present expenses, as well as any future losses, such as the loss of consortium, which attempts to compensate for the loss of love, affection, and support the child may have provided to the parent. Other expenses could include losses such as:
- Funeral, burial, or cremation services
- Medical expenses, hospital bills, and medications incurred by the deceased prior to death
- Lost paychecks due to time off while managing the burial and grieving the loss
- Pain and suffering
- Mental anguish
The full value of a claim is closely tied to the unique circumstances of the child’s life and the impact of their death on the family. Additionally, the emotional impact of losing a child can be profound, leading to significant mental anguish and emotional distress for the surviving family members.
An experienced wrongful death attorneys at Dax F. Garza, P.C. can help you identify all potential damages and ensure that you receive fair compensation for your losses. They will work with you to gather evidence, assess the value of your claims, and negotiate with the insurance adjuster and other responsible parties. They can also connect you with counselors who can both guide you through emotionally processing your loss and provide documentation supporting your claim for mental anguish and other non-economic damages.
Can Parents Expect to Receive Punitive Damages?
In extreme negligence or intentional misconduct cases, the court may choose to award punitive or exemplary damages under Texas Law. These damages do not attempt to compensate the survivors for any specific loss. Instead, they are awarded to punish the wrongdoer and discourage future misconduct by others. Consulting with an experienced attorney is crucial to understanding the full range of potential compensation and navigating the complexities of the legal process while still grieving.
If you have more questions about Texas wrongful death law, contact our Houston wrongful death attorneys today for a free consultation.
