Last Updated on July 17, 2025 by Beltz Law Group
The Unimaginable Loss: Understanding Wrongful Death Lawsuits When a Child is Taken Too Soon in Texas
Wrongful Death Lawyer Texas
For most parents, a child is the greatest joy and the most profound gift. The experience of bringing a new life into the world, watching them grow, and envisioning their future is unparalleled. When that future is tragically cut short due to the negligence or wrongful act of another, parents are left grappling with unimaginable grief, pain, and an overwhelming sense of “why?”
In these devastating circumstances, the law in Texas provides a path for grieving parents to seek justice and accountability through a wrongful death lawsuit. While no amount of compensation can ever replace a child, these legal actions can help families recover from the immense financial burdens and profound emotional losses they endure.
What is “Wrongful Death” in Texas?
In Texas, a wrongful death occurs when a person’s death is caused by the “wrongful act, neglect, unskillfulness, or default” of another individual or entity. This means the death happened because someone else acted carelessly, recklessly, or intentionally harmed the deceased.
Consider this: If a loving parent and child are involved in a car accident, and the child tragically dies because the other driver was texting while driving or under the influence of alcohol, that driver’s negligence directly led to the child’s death. In such a scenario, the parents would likely have grounds to file a wrongful death lawsuit. The core question is always: could this death have been prevented if the at-fault party had acted with reasonable care?
The Unique Tragedy: Wrongful Death of a Child in Texas
The loss of a child due to someone else’s mistake, whether it’s medical malpractice during birth, a negligent driver, a dangerous product, or an unsafe property condition, is a unique and profoundly heartbreaking situation.
Texas Law Regarding Fetal Death: It’s important to note that under Texas Civil Practice and Remedies Code § 71.002, a “person” for wrongful death purposes includes an “unborn child at every stage of gestation from conception until birth.” This means that in Texas, unlike some other states, parents may be able to file a wrongful death lawsuit for the loss of an unborn child due to negligence, not just a child born alive. This is a critical distinction that should be discussed with an attorney.
Understanding Damages: Valuing an Irreplaceable Life
Wrongful Death Lawyer
One of the most challenging aspects of a wrongful death lawsuit involving a child is calculating damages. Unlike an adult who may have a established earning history or a career trajectory, a child’s life is full of unknown potential. Texas law recognizes this profound loss and allows for specific types of damages in these cases:
- Pecuniary Losses: These are financial losses suffered by the surviving parents, including:
- Loss of the child’s earning capacity: While speculative, experts can provide estimates based on factors like the child’s age, health, and general life expectancy.
- Loss of services, advice, counsel, and comfort: This accounts for the tangible and intangible contributions a child would have made to the family over their lifetime.
- Loss of Companionship and Society: This compensates parents for the emotional void left by the child’s death, including the loss of love, comfort, affection, solace, and the joy of shared experiences.
- Mental Anguish: This addresses the intense emotional pain, grief, sorrow, and suffering experienced by the parents due to their child’s death.
- Medical and Funeral Expenses: Reimbursement for any medical care the child received prior to death due to the injury, and for funeral and burial costs.
- Punitive Damages (Exemplary Damages): In cases where the defendant’s conduct was particularly egregious, malicious, or grossly negligent (e.g., drunk driving), Texas law may allow for punitive damages. These are not meant to compensate for loss but to punish the wrongdoer and deter similar conduct in the future.
While juries and courts use various methods to estimate the monetary value of these damages, it’s acknowledged that no amount can truly “pay for” the loss of a child. The goal is to provide a measure of justice and financial stability to help families cope with their devastating loss.
Navigating the Legal Process with Compassion and Expertise
Wrongful Death Attorney
Losing a child is the most agonizing experience a parent can endure. During such a traumatic time, the thought of navigating complex legal procedures can be overwhelming. This is precisely why it is essential to reach out to a compassionate and experienced wrongful death law firm.
The attorneys at The Beltz Law Group understand the unique pain associated with the loss of a child. We can assist grieving parents by:
- Providing Sensitive Guidance: Handling all legal complexities with empathy, allowing parents to focus on healing.
- Thorough Investigation: Meticulously investigating the circumstances of the child’s death to determine who was at fault and gather crucial evidence.
- Identifying All Liable Parties: Ensuring all negligent individuals or entities are held accountable.
- Calculating Full Damages: Working with experts (if needed) to accurately assess both economic and non-economic losses, including future projections.
- Aggressive Advocacy: Fighting tirelessly against insurance companies and defense teams to secure the maximum compensation possible.
- Seeking Justice: Ensuring that those responsible for your child’s death are held accountable under Texas law.
While nothing can erase your pain, The Beltz Law Group is here to help you seek the justice and financial recovery you deserve, allowing you to manage your profound loss with greater peace of mind knowing
