The loss of a child is something no parent wants to contemplate. It is worse when that death results from another person’s negligent behavior. Although no settlement can compensate parents for the wrongful death of a minor in San Diego, family members are entitled to bring legal action against the individual who caused their child’s death.
At CaseyGerry, we can help you through this difficult time. Our legal team will listen to your circumstances and help you understand how best to proceed with your claim. Our wrongful death attorneys have the experience and compassion you need to file your case with minimal stress.
Who Can File a Claim for the Wrongful Death of a Minor?
Under California’s wrongful death statute (CCP 377.60), the child’s parents, grandparents, or legal guardians may file a wrongful death lawsuit for a child’s death. The state has extended that right to anyone who regularly cares for the child. However, if the child’s death is due to an intentional criminal act, only the parents, grandparents, or legal guardians can file a San Diego wrongful death lawsuit against the perpetrator.
What if Parents Are Divorced?
In most cases, either parent can file a lawsuit in San Diego for their child’s wrongful death. However, if the parents are divorced or legally separated, only one parent may file a lawsuit under the state’s single action rule. This rule prevents multiple family members from filing individual lawsuits in a wrongful death action. If the parents cannot cooperate in a legal action, the judge will combine, or join, the lawsuits.
Damages for the Wrongful Death of a Minor
No settlement can truly compensate a parent for the death of their child. However, the attorneys at CaseyGerry want to give you a sense that those responsible have been held accountable for their actions, as well as some recovery for the harm done to you and your family.
Unlike a settlement for an adult, families are less likely to be financially dependent on their minor children. However, parents can recover for losses due to:
- Medical costs, including any expenses at home before the child’s death
- Emotional trauma
- Loss of companionship
- Potential loss of future earnings or support
Families may be entitled to funeral costs and other expenses. Calculating these damages can be difficult and will depend on the circumstances of the case.
A survival action is a lawsuit filed by the personal representative of the deceased person. In some cases, parents can file such a lawsuit for their children. Our San Diego attorneys can determine if a survival action would be advisable in a wrongful death case involving a child.
Contact a San Diego Attorney About the Wrongful Death of a Child
The death of a child because of another person’s careless behavior is something no parent should have to deal with. At CaseyGerry, our attorneys are experienced in handling these cases with the care and compassion you need. When you come to our offices, we will review your case and explain your options for filing your claim.
If your case must go to trial, we have the legal knowledge to meet the other parties’ challenges. No matter what your case needs, our attorneys are here to help make it happen. Contact us today for a free and confidential consultation about the wrongful death of a minor in San Diego.
