Generally speaking, yes, a child can sue for the death of a parent.
Under the Texas Wrongful Death Act, there are certain family members who can sue for the wrongful death of a loved one. Included in that list are children who sue for the loss of a parent.
Children may be entitled to the following damages if a parent is killed because of the wrongful conduct of another person, including negligence:
- Pecuniary losses,
- Mental anguish,
- Loss of companionship and society, and
- Loss of inheritance.
Pecuniary damages generally refers to money or income, but can include loss of the decedent’s earning capacity, advice, counsel, services, care, maintenance, and support.
Mental anguish damages is defined as the emotional pain, torment, and suffering that the plaintiff would, in reasonable probability, experience from the death of a family member.
Loss of Companionship & Society
Loss of companionship and society damages are the positive benefits flowing from the love, comfort, companionship, and society the plaintiff would, in reasonable probability, have experienced if the decedent had lived.
Loss of Inheritance
Loss of inheritance damages are essentially the value that the decedent would, in reasonable probability, have added to the estate and left at natural death to the statutory wrongful-death beneficiaries but for the wrongful act causing the premature death.
Warning – Texas Wrongful Death Act Has Strict Timelines
If a loved one has been killed because of the wrongful conduct of another person, you must act quickly to preserve evidence and your claim. Texas law imposes strict timelines and deadlines for pursuing a wrongful death claim – missing one of these deadlines can prevent you from ever recovering a penny in compensation.
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