The wrongful death of a minor in Houston often involves negligence or misconduct by a person or company and typically stems from preventable accidents.
A deceased child’s family can file a wrongful death lawsuit to recover for their own losses. In some cases, the estate can file a separate survival action to recover for the minor’s fatal injuries. If your child or teenager died wrongfully, our wrongful death attorneys could present evidence to a judge or jury to seek a favorable outcome for your case and handle the legal complexities while your family focuses on grieving.
Who Can File a Claim for a Minor’s Wrongful Death?
In Houston, a child’s biological parents have the right to file a claim if their minor child died wrongfully. The parents can exercise this right even if divorced or separated, and one parent can file on behalf of both. Legally adoptive parents have the same right to file a claim as biological parents.
Under Texas Civil Practice and Remedies Code § 71.004, other relatives such as siblings, grandparents, and stepparents are generally not permitted to file a wrongful death claim if their young relative died. According to Texas Civil Practice and Remedies Code § 16.003(b), the standard statute of limitations for a wrongful death lawsuit is two years from the date of death.
Special and more complex rules apply to cases involving medical malpractice. For instance, in a medical malpractice case involving the death of a minor under the age of 12, you must file a claim before their 14th birthday. The two-year timeline can also be extended if the defendant intentionally concealed their role in your minor child’s death, and the cause was not reasonably discoverable sooner.
Types of Damages for a Minor’s Wrongful Death
If you are pursuing a Houston wrongful death case, you can recover damages from a wide range of losses after your minor child’s death. In addition to funeral and medical expenses, these damages include compensation for mental anguish, including:
- Grief
- Suffering
- Severe emotional pain
A wrongful death settlement can include compensation for the loss of your child’s companionship. This covers the loss of their love, comfort, affection, and solace. If your minor child worked and provided financial support, you can seek compensation for the value of those services until your child would have reached adulthood.
The costs of raising the child are typically subtracted from this amount. You can also recover the costs of your minor child’s medical treatment between the time of their injury and death, as well as their funeral and burial costs.
Your lawsuit could seek to hold a negligent party accountable and help prevent similar tragedies from happening again. Insurance companies often try to settle wrongful death claims quickly for the lowest possible amount. Our legal team’s experience with these types of negotiations could help protect your family from insurers’ inadequate offers and ensure you pursue full and fair compensation. We work with financial specialists to accurately determine your claim’s total value.
Contact a Houston Attorney After the Wrongful Death of a Minor
While financial compensation is part of the process of filing your case for the wrongful death of a minor in Houston, your claim can serve multiple purposes beyond monetary gain. Call us today to schedule a free and confidential case evaluation.