The death of a loved one can be a significant burden on surviving family members. However, accidents involving a child’s death are even more devastating. Families may struggle to pay for outstanding medical bills and funeral costs in these cases. At the same time, surviving family members may experience intense mental anguish.

Therefore, pursuing compensation through a civil lawsuit after the wrongful death of a child in Houston may bring justice for the deceased and comfort for their surviving family members. However, only certain people can file these claims in court. A skilled child injury lawyer at Roberts Markland LLP could explain the relevant laws, gather evidence concerning an incident, and demand fair payments from all liable parties.

When is a Death Considered Wrongful?

There is no doubt that every death is a tragedy that affects a decedent’s loved ones. However, the mere fact that a death has occurred does not mean that a wrongful death lawsuit is appropriate. Generally, death is wrongful when the decedent would have had the right to file a personal injury claim against another party had they survived the event. In many cases, car accidents, slips and falls, and medical malpractice incidents may warrant wrongful death claims.

That said, there are restrictions on who can bring these cases to court. For example, according to Texas Civil Practice & Remedies Code §71.004(a), parents have the right to serve as plaintiffs in a lawsuit alleging negligence that led to their child’s passing. These lawsuits exist so that surviving loved ones can collect compensation for their losses connected to a child’s passing. An attorney in Houston could provide more information about cases that follow the wrongful death of a juvenile.

Recoverable Damages After the Wrongful Death of a Child

The goal of a wrongful death case is to collect the payments to compensate family members for their losses. The nature of this compensation is a matter of state law. Under TX Civ. Prac. & Rem. Code § 71.010, eligible parties may make claims for:

  • Monetary damages
  • Loss of support
  • Emotional grief
  • Loss of companionship or comfort

Juries can award any compensation that they feel is appropriate to parents for the loss of their child. A lawyer in Houston could help family members understand their roles in these lawsuits and demand fair compensation for their damages.

An Experienced Attorney in Houston Could Help After the Wrongful Death of a Child

The sudden death of a child can place great strain on a family. Not only will family members need to consider how they will handle outstanding medical bills or funeral costs, but they will also need to evaluate how the event will impact their future. For many, protecting the future may involve pursuing a wrongful death lawsuit. These cases are possible when another person or company’s reckless actions cause a child’s untimely passing. Lawsuits of this nature may demand compensation for economic losses and loss of companionship.

A lawyer could help parents pursue these claims in court after the wrongful death of a child in Houston. A legal team member could work to prove another party’s fault for the death and properly measure how the event has impacted surviving loved ones. Reach out to an attorney today to learn more.