One of the most valuable resources that a parent can have is a second, supporting partner assisting in the care of minor children. Statistically, minors who come from stable, two-family homes tend to deal with less stress and depression than children who do not. They are also less likely to live in poverty, more likely to finish school, and more likely to go on and lead successful lives of their own.
If your partner has recently died as the result of medical malpractice or someone else’s negligence, you may want to take legal action on behalf of your child. After all, the losses of minor children who find themselves suddenly absent of second parents can be widespread.
These losses can also have serious and long-lasting effects on a child’s well-being. Fortunately, in many instances, this type of legal action can often be pursued by the child’s surviving parent.
The Basis of Wrongful Death Lawsuits That Are Filed on Behalf of Minor Children
Negligence or medical malpractice can lead to the wrongful death of someone who is still in the prime of their life. If this person was a devoted parent, the resulting financial losses for minor children can be extraordinary, particularly when their cumulative value is considered.
Loss of a contributing parent puts a child at risk of facing increased financial hardship all throughout childhood and beyond. It can make plans to go to college less feasible, while rendering many other fee-based activities and learning avenues less accessible as well. In these instances, partners of deceased individuals can sue on behalf of their children for both monetary losses and pain and suffering.
When Is It Not Possible To Sue On Behalf Of a Minor Child?
Parents can initiate many types of lawsuits on behalf of their minor children. There are, however, certain stipulations put in place to protect the interests of minors and those of any parties acting as their legal guardians. Thus, parents are not able to sue if they have:
- Consented to a legal adoption
- Released the child’s rights to a third-party
- Abandoned the child
- If another wrongful death settlement has already been received by the deceased’s spouse that accounts for loss of income as it affects minor children
In many of these instances, the legal guardian of the child would need to take action on their behalf.
What Does a Wrongful Death Suit Cover for Minor Children?
Both minor children and adult children have the right to pursue legal action after the wrongful death of a parent. While adult children can decide to take this action for themselves, minors require of-age representatives, and usually representatives who are legally responsible for their welfare.
A wrongful death lawsuit that’s opened on behalf of a child will largely seek recompense for lost earnings. The ultimate goal of these efforts is to ensure that the child’s quality of life isn’t diminished as the result of the parent’s wrongful death.
Many times, the amounts awarded account for the deceased’s former contributions and are calculated from the time of death until the minor becomes of age or finishes college. While compensation for income loss can represent a significant amount of the awards for cases like these, other damages are likely to be included. Among these are:
- Monetary compensation for loss of parental guidance
- Compensation for emotional support
- Compensation for lost family time
- Awards for pain and suffering
Although monies won on behalf of children in wrongful death lawsuits are hardly a substitute for deceased parents, they are intended to an acceptable quality of life quality. One general assumption is that it can also be easier for children to successfully navigate the grieving process when they aren’t additionally dealing with the immediate or secondary effects of financial instability. Visit this website to see examples of verdicts and settlements.
Awards granted to children when adults take legal action on their behalf are handled by the probate court. This is to ensure that these awards are not misused by any adult parties within the child’s life, and that the ultimate beneficiary is indeed the child. However, for those suddenly finding themselves facing single parenthood as the result of wrongful death, knowing that a child’s life quality won’t be significantly diminished as a result can be a tremendous source of relief.