A child’s death is something parents cannot conceptualize. Yet, for many parents, this happens due to a negligent or intentional act. In a moment, the child’s future is ended and with it goes the dreams and hopes the parent held for them. In California, parents can file a wrongful death claim against those who caused the child’s demise.
For David, who has children of his own, helping parents who have lost a child due to negligence or intention is essential. His compassion and empathy are mixed with the need to bring the parents justice for losing their child. Harming those who cannot fight for themselves must be countered with the diligence and the legal expertise necessary to get the job done. And David will bring that to the table. Call him to schedule a free case evaluation.
Legal Justification for a Wrongful Death Lawsuit
In California, laws are enacted that permit a parent to file a wrongful death lawsuit against the at-fault party with negligence or an intentional act that killed their child. There was a revision of the wrongful death act in 1992 that allowed parents to file a lawsuit against the person or party who caused their child’s death.
Elements of a Lawsuit Against the At-Fault Party
Under California law, the parents can ask for damages related to a child’s death in a wrongful death lawsuit. The age of the child will impact the damages. A young child does not work, except in a few instances, and hence wages are usually not included. An exception to this would be a child model or actor. Future wages might be calculated with some variance.
A wrongful death lawsuit is not always limited to a young child. In some cases, the child is an adult who might be supporting their parents, at least in part. The parent can include their need for the decedent’s support and calculate their current and future losses.
The parents can also sue for the comfort, security and love the child provided them while they were alive. The loneliness and vulnerability the parents might experience after the child’s death can be an element of the wrongful death claim.
Other Factors in the Wrongful Death of a Child
After the revision of the wrongful death act in 1992, there was some argument about whether the parents could file a wrongful death claim if their child were married when they died. The view claimed that if there was a coexisting marriage or if the deceased had a domestic partner at the time of their death, the parents should not file a claim. However, if the child supports the parents, the validity of the request is high.
Free Case Review with A California Wrongful Death Law Firm
David has helped numerous clients in Los Angeles and elsewhere in Southern California file wrongful death suits over his 26 years in practice. Let him help you in this difficult time. Call (800) 991-5292 to schedule a free consultation.