What Happens When a Minor Loses Their Parent in a Wrongful Death Case? Learn then Rights of Victims Under the Age of 18

A wrongful death claim can be filed in the state of California if a loved one dies as a result of another entity’s reckless or negligent behavior. There are, however, a number of restrictions on who can file. Does this include a victim’s child? Is it possible for a child who is under the age of 18 to launch a wrongful death lawsuit? Continue reading to learn the facts, and then call 800-333-0000 to schedule a free legal consultation with The Law Offices of Larry H. Parker.

Children can file a lawsuit for wrongful death

You must have a certain sort of relationship with the deceased in order to file a wrongful death lawsuit. Only spouses, legal domestic partners, children, and certain other persons who were dependent on the deceased can initiate a wrongful death claim in this situation. It turns out that certain children, even if they are not the victim’s biological child, can file this sort of complaint.

Damages are sought in a wrongful death case for a variety of reasons

When a survivor files a wrongful death lawsuit against someone, they have a lot of options in terms of what they might ask for in a settlement. Financial help, emotional support, affection, quality of life, lost pay, lost income, medical expenditures, lifestyle adaptations, missed care, and much more are all covered.

More information on who can file a wrongful death claim

A victim’s spouse, domestic partner, biological child, and stepchild can make a claim with the aid of a personal injury attorney. If a juvenile lived with the victim for at least 180 days prior to their death and received at least half of the decedent’s financial support, the kid may be qualified to make a wrongful death claim.

If the dead has no children, spouse, or domestic partner, their legal heir can bring a wrongful death lawsuit on their behalf. This might be somebody who the law considers to be the legal heir or who the dead named as an heir in their Last Will and Testament.

How to file a wrongful death claim when you’re a child

If a minor loses both parents or their sole surviving parent, the first step is for the court to decide guardianship. The court must approve the guardian if the parent(s) gave information on who should be the guardian. If the parent failed to appoint a guardian, the court will decide who should be the guardian.

That guardian is the person who may serve as the child’s representative in filing a wrongful death lawsuit on their behalf. You may have a case if you are the guardian of a kid who has lost one or both parents due to an accident caused by someone else. For a free legal consultation, call The Law Offices of Larry H. Parker at 800-333-0000 right now.