The sudden loss of a child, especially if it is caused by the careless actions of another, is something no parent should have to endure. While no amount of money can compensate for the irreparable loss, Maison Law will ensure parents receive the maximum amount of compensation for the wrongful death of their child.
According to California Law, the surviving parents have the right to file a wrongful death lawsuit against the party responsible for their child’s death. For more information, contact Maison Law today for a free, confidential consultation.
Recoverable Damages for an Adult Child’s Wrongful Death
In California, parents of deceased adult children are generally allowed to seek damages if:
- The decedent had a surviving spouse but no surviving children
- The parents depend on the decedent for financial support
An adult wrongful death case includes the damage for “lost future wages.” But in the case of an adult child’s wrongful death, recovering lost future wages is only applicable if the decedent was known to have financially contributed to the family or provided future financial support. This specific type of damage can be difficult to calculate in the case of a child, and may, unfortunately, not be applicable. Other damages parents can successfully file in court for an adult child’s wrongful death include:
- Medical expenses prior to the child’s death and directly related to the accident
- Grief and emotional distress over the child’s loss
- Loss of the child’s companionship
- Funeral and burial costs
What is a Wrongful Death Lawsuit in California?
According to the California Code of Civil Procedures 377.60, surviving family members or the estate may sue for damages when a person dies as the result of someone else’s wrongful act. Family members can file a wrongful death lawsuit in California regardless if the act of causation was careless, reckless, or intentional, however, the nature of the fatal action will impact many aspects of the case such as financial compensation, punishment, and liability.
Who Can File a Child’s Wrongful Death Lawsuit in California?
California Code of Civil Procedure 377.60 specifies the individuals who may file a wrongful death lawsuit for a child. Prior to 1992, the California courts gave standing to persons who would be entitled to succeed to the property of the decedent by intestate succession. In 1992, modifications included the parents of the deceased, giving parents standing to file a wrongful death lawsuit on behalf of their child in the untimely event of their passing.
Contact a California Child Wrongful Death Lawyer
At Maison Law, we understand this is an extremely difficult time for you. Our firm is ready to provide you with the support necessary to pursue justice. We have successfully helped numerous clients win difficult cases and receive fair settlements for their wrongful death cases.
Contact Maison Law today for legal guidance and to receive a free, no-obligation case evaluation.
