At Maison Law, we know that no heartache compares to that of losing a child due to an accident. These accidents are incredibly devastating for families and friends who knew and loved a child. Unfortunately, because these accidents happen yearly in California, it is important that legal guardians or parents of a child understand their options moving forward with a wrongful death claim if a child has been taken from them prematurely. Contact a knowledgeable and compassionate lawyer today for the help you and your family deserve.
Who Files a Lawsuit After the Death of a Child?
When a child’s life is taken in an accident, parents, guardians, and other family members may wonder what options there are for recovery. Under California Code of Civil Procedure Section 377.60(b), a parent or guardian is able to bring a lawsuit after the death of their child as long as the child is under 18 years of age. A parent can bring a wrongful death claim on behalf of a child after many different types of accidents, which include the following:
- Car accidents
- Pedestrian and bicycle accidents
- Boating accidents
- Medical malpractice
- Premise liability
- Workplace accidents
Both parents can be eligible for an array of losses through a wrongful death action brought on behalf of a child. Parents and guardians miss out on a lot of things in their child’s life when that life is taken too soon due to an accident. Financial damages can return some normalcy to a family’s life as they grieve.
Damages Available to Families After the Death of a Child
The loss of a child might be one of the most difficult and traumatic things that a family ever faces. Because of this, they deserve damages to help them back onto their feet financially while they are grieving these immense losses. Some types of compensation that may be available for a family after suffering a child loss include the following:
- Funeral and burial costs
- Medical expenses a child incurred before their death
- Loss of companionship or consortium
- Pain and suffering
- Therapy costs due to a family’s emotional distress
Parents or guardians are entitled to both economic and non-economic damages due to their losses. Each circumstance is unique, which means that it is not always possible to assess exactly what damages a family can expect to recover. The same can be said for the amount of compensation that a family receives, though cases involving the death of a child tend to bring large settlements.
Statute of Limitations Regarding Child Wrongful Death Claims
For those who wish to bring a California wrongful death claim after the loss of a child, there are strict deadlines to be met. Parents have a statute of limitations of two years following the death of their child to bring a claim in California Superior Court. This statute of limitations can be shorter if you are planning to bring a claim against the government.
The truth is, you should look into your legal options as soon as possible after you have sustained the loss of a child. You do not want to miss out on any financial opportunities or become barred from bringing a future lawsuit. Acting quickly can help your family protect your much-needed rights during these challenging times.
How a California Wrongful Death Lawyer Can Help You
If you want to bring a successful wrongful death claim after tragically losing a child in an accident, it can be beneficial to speak with a lawyer who has handled these claims in the past. Handling a wrongful death claim on your own can be a complicated matter that leaves you with more questions than answers. A lawyer may be able to help you with some of the following aspects:
- Navigating the California legal system
- Helping you calculate your damages as closely as possible
- Gathering necessary evidence to prove your claim
- Identifying all at-fault parties
- Negotiating with the insurance companies
- Representing you in court if settlement can’t be reached
Contact a Wrongful Death Lawyer in California Handling Child Claims
Your life can be adversely impacted forever due to the sudden loss of a child. Knowing that another party’s negligence is to blame can leave you feeling helpless and alone. Luckily, there are options for you at this time.
At Maison Law, we know how stressful it can be to deal with the bills that keep piling as you are grieving the loss of a child. Our California wrongful death lawyers want to oversee all aspects of your claim and provide you with the resources you need to move forward during these difficult times. We will compassionately assist you from start to finish in your wrongful death claim so that you never have to handle it alone. Please contact us for more information and a free consultation today.
