Firm Recognition:
Recognized as Top 100 Trial Lawyers in Texas by The National Trial Lawyers
Named Texas Super Lawyer by Thomson Reuters Business
Recognized in Best Lawyers in America publication
Recognized as Top 500 Leading Plaintiff’s Lawyers by Lawdragon Magazine
Recognized in the Texas Lawyer Top Verdicts and Settlements
Recipient of 50 Year Service Award by Houston Bar Association
Honored for Nation’s Top One Percent – NADC
Recognized as Rising Star by Texas Super Lawyers
Recognized as Top 40 under 40 by The National Trial Lawyers
Recipient of the Trial Lawyers Board of Regents Litigator Award
Call today @ 281-283-8500 | No Recovery, No Fee
Call today: 281-283-8500
Legal Blog

Wrongful Death Claims of a Child in Texas

Before Texas passed its wrongful death statute, parents could not recover any damages for the death of their child, even if the person who caused the death acted negligently. Now, parents can sue the person or company that caused the death of their son or daughter, and claim compensation for a wide range of damages. Nothing can prepare you for the death of your child, just as nothing can fill the gap they leave behind when they’re gone. But child wrongful death claims can bring the responsible parties to justice, and help you and your family begin to move on with your lives.

The process of recovering a settlement or a jury award in a wrongful death claim can be legally complex and emotionally tiring. That’s why the Houston wrongful death attorneys at The Krist Law Firm, P.C. are here to help. We can guide you through the process while advocating fiercely on your behalf. To schedule a free consultation of your case, contact us today at (281) 283-8500.

Understanding the Texas Wrongful Death Act?

When someone dies, their spouse, child, or parent can bring a wrongful death claim. This means that you cannot bring a wrongful death claim for the loss of your sibling, grandchild, or nephew – even if they were a child, and regardless of how close you were. Texas deliberately selects the narrowest category of family members who can bring a wrongful death claim for the death of a relative.

In addition to establishing your relationship with the deceased, your ability to successfully sue under the Wrongful Death Act depends on the alleged actions of the person who caused their death. You must be able to present some evidence that the defendant’s wrongful, negligent, or reckless actions caused your child’s death.

A wrongful act is typically willful conduct that causes a death, such as deliberately striking the victim. People can also be responsible under the Wrongful Death Act for acting with less care than a reasonable person – which is considered negligence, or acting with an unreasonable disregard for the safety of others – often referred to as recklessness.

Based on these factors, a wrongful death claim can arise out of a wide range of scenarios, including:

  • Truck accidents
  • Wrecks caused by speeding or drunk driving
  • Train, bus, or aircraft crashes
  • Accidents at sporting events
  • Medical malpractice
  • All-terrain Vehicle (ATV) and motorcycle accidents
  • Defective products
  • Industrial accidents
  • Construction mishaps

This list is far from exhaustive. If your child has died and you have concerns that someone’s negligence or bad conduct was the cause, you should speak with an experienced Houston personal injury lawyer as soon as possible. The earlier they begin working on your case, the more prepared you will be to handle the situation.

Damages Available Under the Wrongful Death Act

Texas law gives access to the following categories of damages:

  • Funeral expenses
  • Loss of the deceased family member’s earning capacity, support, and care provided to the family
  • Mental anguish caused by the tragedy
  • Loss of love, comfort, and companionship
  • Punitive damages, if a person’s willful misconduct or gross negligence caused your son or daughter’s death

Do You Have Questions About Child Wrongful Death Claims? Contact Us Today

In the vast majority of TX wrongful death cases, damages can only be obtained after relentless settlement negotiations, or through a hotly-contested trial. For these reasons, you should only entrust the wrongful death claim of your son or daughter to an experienced personal injury lawyer at our firm. If you believe you have a wrongful death claim, call The Krist Law Firm, P.C. today at (281) 283-8500, or reach out online to schedule a free, initial evaluation of your case.