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Can I file a wrongful death claim on behalf of a child who lost their life?

Posted on January 20th, 2020 by Oddo & Babat, P.C.

Personal Injury Lawyer

According to the CDC’s National Center for Injury Prevention and Control, unintentional injuries are the primary cause of death amongst children between the ages of birth and 18. Many of these injuries involve negligence on the part of another person or entity. What is often known as a wrongful death, every year, hundreds of families will experience a profound sense of grief while trying to come to terms with the loss of a child. 

Fatal injuries to a child, especially those that are caused by negligence, malicious intent, or wrongful acts, are unique when compared to other forms of wrongful death. As a wrongful death lawyer might explain to you, the losses that surviving family members will experience are generally not quantifiable. For example, when an adult dies, a lawyer might take into consideration lost wages, loss of future income, loss of companionship and so forth. With a child, the losses are different. While it is possible to recover compensation for the loss of a child, there are often significant challenges in doing so. A wrongful death lawyer, like a wrongful death lawyer in Woodland Hills, CA, should be sought for legal advocacy. 

Helping Families Who Have Lost a Loved One to Negligence

Adequately assessing the total amount of losses requires the strategy, talent, and skill that a wrongful death lawyer can bring to the table. For years, we have been fighting for individuals and families who have lost someone they cared about. Through stern negotiations and confident litigation, we have successfully recovered millions in damages.

Often, wrongful death law firms handle cases on a contingency fee basis so there aren’t any upfront fees. They will diligently examine all of the intricate details of the accident, as well as, the long term effects it has had on you and your family. Through the utilization of resources, knowledge, and experts from a range of fields, a good lawyer will seek maximum damages for the loss of your child. Some wrongful death claims for children include:

  • A car accident
  • Bicycle accident
  • School bus accident
  • Daycare accident
  • Babysitter accident
  • Amusement park accident
  • Drowning
  • Premise liability accident
  • Medical malpractice
  • Animal bite accident
  • Sports accident

Recovering Damages for the Loss of a Child
A good wrongful death lawyer offers emotional support and individualized legal advocacy to each client. What makes wrongful death cases that involve children unique is that unlike cases involving adults, assigning a monetary value to the life of a child is challenging. However, in these cases, doing so is required. Therefore, it is prudent you choose a firm who has experience in these types of cases. It will be your attorney’s goal to convince the defending side and court of various important factors:

  • The earning potential of the child
  • The relationship between the child and the plaintiff
  • The specialness of the child
  • The age and health of the plaintiff
  • Any circumstances relevant to the case

Call a Wrongful Death Lawyer to Explore Your Legal Options

If you have lost a child to negligence, we offer our utmost condolences to you. Although this might be a very difficult time in your life, we would like to encourage you to call a wrongful death lawyer to explore what legal options may be available. 


Thanks to Barry P. Goldberg Law for their insight into how to file a wrongful death claim on behalf of a child. 


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