Who May Bring a Wrongful Death Action?
Under law, one person is appointed by the probate court to bring any case against the person responsible for the death of a child. This person is called the personal representative of the estate and is typically a family member. He or she brings the claim on behalf of all survivors who may be entitled to receive financial compensation because of the tragic loss of a child.
Damages for Wrongful Death of a Child
Law differs depending on whether the deceased child was a minor child or an adult child. For purposes of the Act, a “minor child” is one who is less than 25 years old. The damages a parent of a minor child may recover differ from those the parents of an adult child may recover. More here @ https://lawyers-pi.com/car-accident-attorneys-in-laredo/
In a wrongful death action, the parents of a minor child may recover (depending upon the age of the child):
mental pain and suffering from the date of injury,
any medical or funeral expenses paid by the parents of a deceased child,
the value of lost support and services from the date of injury to death, and
future lost support and services from the date of death (reduced to present value).
In a wrongful death action, parents of an adult child (25 years or older) may recover all of these damages except mental pain and suffering. Those parents may only recovery pain and suffering if there are no other survivors, such as a spouse or children. Also, if the death of the adult child is the result of medical malpractice, then the parents may not recover for mental pain and suffering.
Loss of support includes monetary and non-monetary items (for example, property). Loss of services usually includes household tasks the deceased child regularly performed. Survivors may recover for lost services from the date of the child’s death to the date of majority. The goal of the Act is to compensate the survivors for the loss of support and services they might have reasonably expected to receive from the deceased had the death not happened. Courts will determine the value of lost support and services on a case-by-case basis. The survivor’s relationship to the deceased is an important factor the court will consider. Click here @ https://truckaccidentattorneysa.com/el-paso-truck-accident-lawyers/
There is a shortened period of time to bring a claim when a loved one dies. The legal process in bringing a death case is complicated and time consuming. You should consult with a lawyer experienced in wrongful death cases at the earliest possible time. Waiting does not make a case better.
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