Filing a wrongful death lawsuit can be a difficult process as you work to move through the grief of an unexpected passing, but when the person lost is a child, the emotions involved can be even more intense. You may feel confused, angry and unsure how to proceed from a legal standpoint, but one of the first steps to take is to find out whether your relationship with the deceased child gives you the right to file a lawsuit with the assistance of a wrongful death attorney, like from David & Philpot, P.L.
As the mother or father of the deceased child, you have a right to file for wrongful death and collect money from the proceedings. Your marital status may affect a lawsuit, so you may want to consider several factors before you proceed, such as:
- Which parent will file
- How you will split any award granted
- How custody might affect the disbursement of compensation
Your attorney can help you understand your rights as a parent in your state of residence and how to file on behalf of your child.
If you are the grandparent of a child who died due to the neglectful actions of another, then you may have the right to file a lawsuit depending on your legal relationship with him or her. Parents must sue in most cases, but if you were the legal guardian of the child, you may be able to file. Some states have their own laws concerning grandparents and these types of lawsuits, so you may want to consult your attorney before you file.
Adoptive parents and other legal guardians are viewed as parents of a child in the eyes of most courts, so this relationship usually gives you the right to sue for a child’s wrongful death. You may have to prove guardianship in court before you can build your lawsuit, as having a child live or foster with you may not qualify. In most cases, guardianship must be legally recognized and documented.
If you are the executor of a child’s estate, then you may be able to bring a wrongful death lawsuit against the party you believe to be responsible. This circumstance can come with a variety of exceptions and caveats, so you may want to look into your rights with an attorney before you proceed.
Losing a child due to someone else’s neglectful actions can be a devastating blow, but you do not have to face the future alone. Call an attorney today for further advice and information.