I can only imagine, as a father myself, that losing a child must be the single worst thing that any parent can experience. Unfortunately, as a Dallas-Fort Worth child injury and wrongful death lawyers, I know that child fatalities caused by car wrecks, drowning accidents, daycare negligence or any other scenario are very real occurrences.
According to the National Center for Health Statistics, 11,560 US children were killed as a result of unintentional injuries in 2007 alone. Specific types of unintentional injuries listed include motor vehicle collisions, drowning, fires, burning, poisoning, suffocation/strangulation, and firearm accidents. In 2012 alone, 575 kids aged 18 or younger were killed in motor vehicle accidents in Texas according to TxDOT.
Making a Wrongful Death Claim on Behalf of a Deceased Child
Under Texas law, parents of a deceased child who died in an accident caused by someone else’s negligence. This article deals primarily with the death of a minor child, although parents of deceased adult offspring may be able to recover compensation in some situations. Although it goes without saying that making a successful wrongful death claim can never make things right and reverse your loss, it can certainly help to ensure that full justice is done, and perhaps even prevent another family suffering a similar loss in the future.
When you make a wrongful death claim, it exists separately from any criminal case which might be brought against the at-fault party. A wrongful death claim is a civil claim which is designed to compensate you – the victim – rather than punish the wrongdoer. However, in certain cases, it might be possible to claim punitive damages which are intentioned to further punish the person to blame for your child’s death.
Economic damages recoverable in a case involving the wrongful death of a child, the child’s mother and father (or other legal guardian) are entitled to recover financial reimbursement for any accident-related medical care your child received before they passed, as well as funeral and burial costs. Compensation may also be recovered for the pain and suffering your child experienced, as well as your own loss of companionship and affection. It should be noted that these examples are just for instance, and you should consult with a board certified personal injury attorney to discuss the particulars of your case specifically. Grieving parents can often struggle financially following the death of a child, so it is important for what remains of your family that you speak with an attorney regarding your right to make a claim.
For a completely free, no obligation consultation regarding your child’s unfortunate death, please contact the board certified Dallas-Fort Worth wrongful death lawyers at the Anderson Law Firm. Call us toll free at 800-354-6275 or locally at either 817-294-1900 or 214-327-8000.
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