Wrongful Death of a Minor in San Antonio
Any wrongful death is a tragedy, but there is none more tragic than that of a minor. If a child dies because of another person’s careless or reckless behavior, parents and family members want answers, but are often unsure of how to obtain them.
If you are seeking legal assistance following the wrongful death of a minor in San Antonio, the attorneys at Felix Gonzalez Law are here to help. If someone else’s negligence caused the death of your child, our wrongful death attorneys can help you pursue justice and fair compensation for your loss.
Who Can Sue for the Wrongful Death of a Child?
While no amount of money can ever compensate for the loss of a child, receiving a monetary compensation award may provide a sense of closure to the family. This settlement can cover additional medical expenses and funeral costs; however, Texas law only allows certain family members to file a suit and receive settlement funds.
In San Antonio, the law limits who can file a lawsuit after the wrongful death of a child to the child’s surviving parents and siblings. If the surviving siblings are also minors, their parents can sue on their behalf.
Elements of a Wrongful Death Lawsuit
In any wrongful death lawsuit, the claimant must prove that the deceased individual’s death was a result of the defendant’s failure to uphold the duty of care owed to the decedent. To prove the defendant’s negligence, the claimant must show that:
- The defendant had a duty of care to the decedent
- The defendant breached that duty by acting negligently
- The child’s death was the result of the defendant’s negligent actions
- The surviving family members suffered measurable damages as a result of the child’s death
In addition to the damages suffered by surviving family members, parents may be able to sue for the child’s pain and suffering and other damages before their death. A San Antonio attorney can explain what damages are available for claimants to pursue in a wrongful death of a child case.
Special Considerations for the Wrongful Death of a Minor Child
In Texas, the statute of limitations for a wrongful death claim is two years from the date of the decedent’s death per Texas Civil Code § 16.003. However, there may be exceptions if the claimant is a minor child who cannot file suit on their own behalf.
If the suit results in settlement funds for minor children, such as the surviving siblings of the deceased, Texas courts protect the children’s future interests by ensuring that the parents’ settlement does not include any funds granted to the minor children. Instead, these funds are set aside for the benefit of the children.
When parents file a wrongful death lawsuit for a deceased child, the San Antonio court may appoint a guardian ad litem to protect the surviving children’s interests.
Contact a San Antonio Attorney for Help Following the Wrongful Death of a Child
While filing a lawsuit after the wrongful death of a minor in San Antonio can cause further heartbreak for you and your family, you do not have to face it alone. At Felix Gonzalez Law, our attorneys have decades of experience compassionately assisting clients during this difficult time. We are here to listen to your story, compile evidence, and build a strong legal case on your behalf. Contact our office today to arrange a free consultation.
