Every year, many children die in California as a result of intentional or negligent acts. This can be very difficult for the family members who are left behind.
California Law recognizes the tragedy of losing a child and allows grieving parents to file a lawsuit. If a child dies because of someone's wrongful actions, that person will be punished by the law, and the child's family will also receive compensation for their damages.
If you are a grieving parent or know someone who is, it is essential to get legal help. Contact an experienced attorney who can guide you through the process of seeking justice for your child.
Law for the Wrongful Death of a Child in California
California has special laws for lawsuits filed under the Code Of Civil Procedure Section 377.60 (b).
The law allows the parents to file a lawsuit for their child's wrongful death. The child's guardian can also file the suit if the parents are not available. This rule applies to all minors under 18 and does not only apply if the child is stillborn.
If the child dies because of an unforeseeable mistake, any person who has care or custody of the child can file a case.
Only parents, grandparents, or legal guardians could file a case if an intentional act killed the child.
Both parents are liable to get compensation for the damages. However, if there is a divorce or separation, the parent who has custody of the child at the time of death will be entitled to compensation.
An experienced attorney will be able to help you understand your rights and guide you through the wrongful death lawsuit of a child.
Causes of wrongful death
Not all reasons for a child's death are grounds for a lawsuit. Some of the causes that allow filing for a lawsuit in California are:
-
Road accidents
-
Car accidents
-
Slip and fall
-
Neglect and child abuse
-
Assault and bullying
-
Murder
-
Drowning
-
Medical malpractice
How Long do You Have to File a Claim?
The law requires the family members to file a lawsuit within two years after the death of their loved one. This time frame is counted from the date of the accident and not from the date of death.
If someone has already started a criminal case for your child's death, you can still file a lawsuit. This will not stop the criminal case from going forward. You will have to split the one-year time frame between both cases when you file a lawsuit.
How Much Will the Compensation be?
There is a cap on how much money you can receive from a wrongful death lawsuit in California. The child's parents can receive up to $10 million. This compensation will be used to pay for the medical expenses, funeral costs, and any other damages caused by your child's death.
Some factors that can help estimate the financial damage are:
-
Age of the child
-
Gender of the child
-
Life and work expectancy
-
Habits and state of health of the child
-
Relationship of the decedent and plaintiff
-
Age and health status of the plaintiff
It is easy for someone around the age of 17-18 years to estimate what they would have earned if they were still alive. The damages will then be calculated using the life expectancy
table that the government has issued.
If the child has health problems or habits that can affect their life expectancy, this will also be considered when assessing how much compensation is owed.
For example, if the child is in an accident and suffers from brain damage, they will not work for many years. Their future earnings will be much lower than someone who does not have a brain injury.
If you have to file a lawsuit for the wrongful death of a child, you should look for an experienced attorney.
Connect with the Injury lawyers at Case Barnett Law
Wrongful death lawsuits can be complex. Make sure you have an excellent lawyer to represent your interests and guide you through the process. Our family-friendly lawyers are available to help you after a child's wrongful death. Contact us today for more information on how we can help with your case.