Wrongful Death Claims

Wrongful Death Claims Involving Children: How to Hold the Responsible Party Accountable

Oct 2, 2023 | Wrongful Death

The article was Last Updated on

The loss of a child is an unimaginable tragedy that leaves an irreplaceable void in the lives of parents. Although no legal action can fully heal the wounds caused by such a devastating loss, pursuing a wrongful death claim Involving a child can provide some sense of justice. Holding the responsible parties accountable can offer a small measure of closure. As well as, support in the difficult journey of moving forward and rebuilding your life and your family.

Understanding Wrongful Death Lawsuits in Texas

Previously, under Texas law, parents could not seek damages for their child’s death, regardless of whether the responsible party acted negligently. However, significant changes were made with the implementation of the wrongful death statute. Now, parents have the right to file a lawsuit against the individual or entity responsible for their child’s death. They may claim compensation for a broad range of damages.

It is important to note that in Texas, only the deceased’s spouse, child, or parent can bring a wrongful death claim. Other family members, such as siblings, grandchildren, or nephews, are not eligible to file a claim unless they represent the deceased’s estate. Texas deliberately restricted the category of family members who can bring a wrongful death claim. Whether you can sue successfully depends on your relationship with the deceased. Additionally, the alleged actions of the individual who caused their death determine your wrongful death claim.

The Texas Wrongful Death Act

Under the Texas Civil Practice & Remedies Code §71.002, wrongful death is defined as the result of a “wrongful act, neglect, carelessness, unskillfulness, or default.” To successfully file a wrongful death claim, parents must prove that the defendant’s negligent or reckless actions caused the death of their child. Establishing a strong case requires gathering robust evidence that demonstrates the defendant’s culpability.

How Can a Houston Wrongful Death Attorney Help?


Losing a child is a heart-wrenching experience that no parent should ever have to endure. During such difficult times, seeking the assistance of a compassionate and experienced Wrongful Death Attorney can make a significant difference in navigating the legal process and seeking justice for your child. These attorneys specialize in handling wrongful death cases. They have the expertise to guide you through every step of the way.

One of the primary ways a wrongful death lawyer can help you is by providing emotional support throughout the legal proceedings. They understand the immense grief and pain you are going through. Futhermore, they are there to lend a compassionate ear and shoulder to lean on. Additionally, their expertise in handling similar cases allows them to provide guidance and advice tailored to your specific situation. This helpes you make informed decisions during this challenging time.

A Houston Wrongful Death Attorney will also be well-versed in the complex legal framework surrounding wrongful death claims. They will thoroughly investigate the circumstances surrounding your child’s death, gather evidence, and build a strong case on your behalf. Their knowledge of the legal system ensures that all necessary legal procedures are followed correctly. As well as, meeting deadlines, preventing any potential roadblocks or delays.

Moreover, Houston Wrongful Death Attorneys are skilled negotiators and litigators. They will work tirelessly to secure the maximum compensation possible for the loss of your child. Whether through negotiations with the responsible party’s insurance company or presenting a compelling case in court, they will fight to ensure you receive the justice and financial support you deserve.

Their expertise, support, and dedication to pursuing justice will help you navigate the complex legal process. Additionally, they will hold the responsible party accountable for their negligent actions.

Scenarios Leading to Wrongful Deaths of Children

Children can tragically lose their lives due to various circumstances. Some common situations include accidents at sporting events, all-terrain vehicle (ATV) accidents, medical malpractice, pedestrian accidents, and wrecks caused by speeding or drunk driving. It is crucial for parents to consult with a Houston personal injury lawyer who specializes in wrongful death cases. They can help determine if their child’s death resulted from someone’s negligence or misconduct.

Differentiating Wrongful Death Claims and Survival Actions

In certain cases, families may be eligible to file both a wrongful death claim and a survival action. Wrongful death claims primarily focus on compensating the family for their emotional and financial damages. Whereas survival actions extend existing personal injury lawsuits that were initiated prior to the child’s death. The compensation awarded in survival actions is typically directed towards the child’s estate for distribution.

What Is a Wrongful Death Claim?

Following the tragic loss of a child, parents often pursue a wrongful death action to seek compensation for the emotional and financial damages they have suffered. In these cases, parents have the right to recover an amount equal to the “full value of life” of their child. This encompasses a range of economic and non-economic losses. This compensation is intended to address the devastating impact on the family.

The damages awarded to parents can cover various expenses. These expenses include medical bills, funeral costs, and even lost income if the child contributed to the family’s financial support. It is important to note that any awarded damages are paid directly to the family members affected. This allows them to manage the financial burdens resulting from the loss in a manner they deem most appropriate.

In addition to the economic damages, non-economic losses are also taken into consideration. These may include the emotional pain and suffering, loss of companionship, and mental anguish experienced by parents. The purpose of such compensation is to acknowledge the profound impact of the loss and assist the family in their journey towards healing and recovery.

What Is a Survival Action

In certain circumstances, a survival action can serve as an extension of an ongoing personal injury lawsuit that was initiated before the child’s unfortunate passing. To illustrate, if a child sustained severe injuries during a sports competition and passed away several months later as a result, the family may already have an existing lawsuit. Following the child’s death, the legal representative of the child’s estate can file a survival action under the same statute that governs wrongful death claims.

Despite the child’s unfortunate demise, it is still possible to pursue compensation for various damages. These damages include medical bills, therapy expenses, and the pain and suffering endured by the deceased. Additionally, the survival action can additionally request reimbursement for funeral and burial expenses. However, unlike a wrongful death claim where the financial relief is awarded directly to the family, the compensation is awarded to the estate for distribution in a survival action. While survival actions for children are relatively uncommon, they may be appropriate in specific circumstances. It is advisable to consult with your attorney to determine whether this option applies to your case.

Statute of Limitations

Families should be aware that wrongful death claims in Texas adhere to the same statute of limitations as personal injury lawsuits. This means they have two years from the date of death. This limited timeframe emphasizes the importance of seeking legal representation promptly. You want to ensure adequate case preparation time and prevent missing the deadline.

Available Damages for Families

In a personal injury lawsuit, damages are intended to provide compensation to the plaintiff for the losses they have endured due to the defendant’s negligence or intentional harm. When it comes to the wrongful death of a child, a monetary settlement or award aims to assist the surviving family members. This is to aid in navigating the grieving process. As well as, to adapting to a significantly altered future that no longer includes their beloved child.

Texas law allows parents to seek damages in the following categories:

  • Funeral expenses
  • Burial, cremation, and interment costs
  • Loss of the deceased family member’s earning capacity, support, and care provided to the family
  • Mental anguish caused by the tragedy
  • Loss of love, comfort, and companionship
  • Punitive damages, if a person’s willful misconduct or gross negligence caused your son or daughter’s death

In cases where the at-fault party’s actions were particularly egregious, negligent, or malicious, your attorney has the option to seek punitive damages. These damages can be awarded at the discretion of the judge. They are to serve the purpose of punishing the defendant severely. Additionally, punitive damages act as a deterrent to prevent others from engaging in similar harmful behaviors.

If You Have Questions, Call A Houston Wrongful Death Lawyer

When a child’s life is tragically cut short due to someone else’s negligence or wrongful actions, it is crucial for grieving parents to understand their rights and legal options. By pursuing a wrongful death claim, parents can hold the responsible party accountable and seek the compensation they deserve. During these challenging times, turning to a compassionate and experienced wrongful death attorney can provide the support and guidance. They can help you navigate the legal process and achieve justice for your child.

If you have questions or concerns regarding a wrongful death case involving a child, you should seek the assistance of Walker Texas Lawyer. With his expertise and experience in handling complex legal matters, he can provide the guidance and support you need during this difficult time. Walker Texas Lawyer understands the unique challenges and sensitivities surrounding wrongful death cases involving children. He has a compassionate approach to helping families seek justice and proper compensation. By contacting Walker Texas Lawyer, you can benefit from his extensive knowledge of the legal process. As well as, his commitment to fighting for the rights of his clients. He can provide personalized attention and sound legal advice. James Walker will protect your rights. Furthermore, he will make sure you will obtain eh maximum compensation for your case.

Don’t hesitate to reach out to Walker Texas Lawyer for assistance if you are facing the tragic loss of a child. He will help you seek justice and compensation for the damages you have endured.

CONTACT HOUSTON’S PERSONAL INJURY LAWYER, WALKER TEXAS LAWYER FOR HELP

For more information, contact Houston’s accident law firm of Walker Texas Lawyer by calling (713) 552-1117.

Walker Texas Lawyer
3100 Timmons Ln Suite #401
Houston, TX 77027

Walker Texas Lawyer – Pasadena
4008 Vista Rd Suite #202B
Pasadena, TX 77504

CALL

(713) 552-1117

FOR A FREE CONSULTATION

FAQ Resources

Follow US

Our Offices

Houston

Walker Texas Lawyer - (Principal Office)

3100 Timmons Ln Suite 401
Houston, Tx 77027

Directions

Call: (713) 552-1117

Houston - Montrose Location

Walker Texas Lawyer - (Montrose Location)

2238 Richmond Avenue
Houston, Tx 77098

Directions

Call: (713) 280-7985

Pasadena

Walker Texas Lawyer - (Pasadena Office)

4008 Vista Rd Suite 202A
Pasadena, TX 77504

Directions

Call: (281) 545-5158

Texas City

Walker Texas Lawyer Arena

9300 Emmett F. Lowry Expressway
Texas City, Tx 77591

Directions

Call: (713) 331-6848

GET YOUR FREE CASE EVALUATION

 

Areas We Serve

Walker Texas Lawyer is located in Houston, just off the southwest freeway near the corner of Edloe St and West Alabama St. We serve clients throughout Texas. Injured in a car, motorcycle, offshore, or industrial accident? We can help you get the compensation you deserve. The following are some areas we serve:

About Walker Texas Lawyer

James Walker - Walker Texas Lawyer James Walker is a Personal Injury Attorney in Houston, Texas. He has over 40 years of legal experience and has helped over 25,000 clients. This means he has demonstrated his extensive knowledge of legal procedures. He knows how to handle insurance companies. If insurance companies refuse to give you a fair shake, they will take the insurance companies to court. He knows the law inside and out. He knows what he’s doing.

Walker will try to settle your case without going to court. But if that doesn’t work, he is ready and prepared to take your case before a judge. He is Houston’s Personal Injury Lawyer for a reason; he will fight for you, seek the maximum compensation on your behalf, and make sure you get what you deserve after an accident.