“In approaching this problem, we cannot turn the clock back…”
United States Supreme Court Justice Earl Warren, 1954
The Supreme Court in American History, 1965
Child Death is a Devastating Tragedy
One of a parent’s worst nightmares is the death of a child. Unfortunately, such a nightmare happens to many people. Often the death is preventable and the result of someone’s negligence.
No matter how it happens, this loss can be emotionally and mentally insurmountable. There is no amount of money that can fill the void that is left, but addressing the cause legally may help in the healing process while helping to prevent other such accidents.
A few examples of tragic events that may result in the loss of a child are:
- Child drownings
- Medical malpractice problems like misdiagnosis of ear infections, meningitis, and asthma as well as maternity delivery accidents
- Improperly prescribed pharmaceuticals
- Prenatal and post-natal improper prescription of pharmaceuticals resulting in severe birth defects and death
- Death from psychotropic pharmaceuticals or vaccinations
- Accidents in boats, on motorcycles or all terrain vehicles
If you lost a child, it is important that you seek competent and experienced legal representation so you may protect your rights and seek proper redress so this does not happen again.
Right to Recover Under the Law
You are entitled to recover money damages in the event your child died at the hands of another’s negligence. This is a wrongful death cause of action. Even though no one can change what happened, initiating a wrongful death lawsuit may be the best and only way to secure your financial stability in the wake of the death of your loved one – and also to make sure it doesn’t happen to others.
The statute of limitations, which is the amount of time you have to file a lawsuit, is two years from the date of death.
Securing proper representation and preparing strong evidence quickly are vital components to your winning at trial. Chad Pinkerton is an experienced child death personal injury attorney armed and ready to take on your challenge.
Money Damages from Child Death
The Wrongful Death Act provides a statutory right to sue for wrongful death. According to statute, when the death is caused by the willful act or omission or gross negligence of the defendant, exemplary as well as actual damages may be recovered, as in medical bills and funeral expenses. Other money damages can take the form of past and future mental anguish, loss of benefits and of future earnings, and past and future loss of society, companionship and affection.
Any damages a jury would award are at the jury’s discretion and are relative to the injury and cause of death. In order to recover adequate money damages, you must find the right attorney who will be able to use strength and experience to fight for your rights under Texas law.