Child Wrongful Death Lawyers in Texas
If your child has passed away in a preventable accident, call 866-434-0014 to speak with a Child Wrongful Death Lawyer today. At Sneed & Mitchell LLP, we represent families of children that died due to the negligent or unsafe actions of another person of company. In such a difficult time, having a compassionate and experienced lawyer by your side can make a significant difference for your family.
Our team understands that no amount of money can ever replace your child, but seeking justice can go a long way in holding those responsible accountable for their unlawful behavior. Our Child Wrongful Death Attorneys have successfully represented hundreds of children who have tragically lost lives in catastrophic events across Texas, and remain unbeaten in the wrongful death cases that we've taken to trial.
What Is A Child Wrongful Death Lawyer?
A child wrongful death lawyer is a civil attorney who represents children that have lost their lives one due to another party's negligence or abuse. Child wrongful death lawyers investigate the situations that caused the death of children and also determine liability, advise of legal rights, file lawsuits, and help effectuate justice for the family.
Wrongful death lawsuits involving child fatalities often involve drownings at pools with inadequate supervision, animal attacks, bicycle accidents, poorly designed amusement rides or toys, birthing injuries, and unsafe daycares. Child Wrongful death attorneys have experience and expertise to identify all the causes of your child’s accident injury or death in these tragic situations and to hold each and every responsible party accountable through legal action.
We know and understand that that while no amount of compensation can replace a lost child, but advocating on behalf of your child does help obtain justice for your family and and force accountability by party liable for the death. These lawsuit can also help recover damages for medical expenses, funeral costs, loss of companionship, and the emotional suffering experienced by your family.
How Is A Child Wrongful Death Attorney Is Different From A Wrongful Death Attorney
A Child Wrongful Death Attorney specializes in cases where a child has tragically died due to the negligence or wrongful actions of another person or entity. Although both child wrongful death lawyers and general wrongful death lawyers handle lawsuits involving fatalities, the most important differences are in the type of cases where liability must be proven and the attorneys differing approaches to legal proceedings. Some of the key differences between child wrongful death lawyers and general wrongful death lawyers include the following.
The Focus on the Children Versus Adults
Child-death attorneys represent families who have lost a child, which can be caused by situations such as medical malpractice, car seat defects, bus accidents, dog bites, choking hazards, or an unsafe premises. In all of these types of cases, the victim is a minor, and Texas law honors the developments status of a minor to account for their inability to reasonably detect dangers in the same way that an adult might. Child wrongful death attorneys have the expert witnesses to prove a lack of supervision, engineering defect, or failed safety standard by the defendant, who had a heightened legal duty of care in protecting children from being exposed to harm.
Although general wrongful death attorneys can represent children, their legal arguments are generally analyzed from the reasonable personal standard. A typical wrongful death attorney may or may night be accustomed to how the legal framework changes when cases involve injured kids.
Emotional and Psychological Factors
Child wrongful death lawyers understand the emotional trauma parents face after the death of a child. Parents or guardians who lose a child are not only dealing with a personal tragedy but also the upheaval of their entire lives, future plans, aspirations for their child, and personal sense of security. Parents often experience survivor's guilt, disbelief, anger, and sadness, as grief can manifest in multiple ways. This loss often impacts family dynamics, and child injury attorneys are familiar with how familial relationships can become strained when a child or sibling is lost.
Child wrongful death lawyers have mental health resources to support families during this difficult time. Grief counselors, psychologists, and therapists are just some of the licensed professionals the attorney will have within there network who can help families deal with the reality of such a loss. These lawyers understand the meaning and importance of children within families and are dedicated to assisting those facing this deeply unfortunate situation.
Financial and Long-Term Impact
Fighting for the full amount of settlement compensation on behalf of a child's death is much tougher than the equation used when when fighting for an adult. Regarding the financial effects of an adult's loss of life, an economist can easily calculate, lost earnings, future earning, loss economic opportunities. When representing a minor, an attorney can't as accurately anticipate the career paths and salaries the child would have secured in the future, so other strategies are used to help ensure the settlement or verdict is the highest possible sum in that specific circumstance. Unlike general wrongful death attorneys, child wrongful death attorneys regularly present injured children have decades of experienced fighting to highlight the value of the kid's life both to their family and the community.
Legal and Procedural Differences
Child Wrongful Death Lawyers understand the specific laws and regulations that pertain to litigation in child death claims, such as differing Statutes of Limitations, appointment of a Guardian At Litem, the process of a Minor Settlement Hearing, and more. These processes are not required in adult death cases and therefore general wrongful death attorneys might not a familiarity with these procedures.
Reputation in Handling Child Fatality Cases
One of the most important differences between typical wrongful death lawyers and those that focus on child-death cases, is that child wrongful death attorneys are known in the industry for their results in this area of the law. An attorneys reputation can make all the difference in how your case plays out in court. A family facing the loss of their child needs an attorney recognized for their legal expertise and reputation in handling cases of child fatalities, as it greatly effects how the case is perceived by judges, juries, and opposing counsel.
Who Can File A Wrongful Death Lawsuits For A Child?
In Texas, parents and family members are the first individuals that have standing to file wrongful death lawsuits on behalf of a child that has died. A Texas Child Injury Lawyer will guide you through filing the case and inform you of how death-related lawsuits work, who can assert the claims in civil court, whether settlement or trial is likely, and what to expect after the case has been filed.
Wrongful Death Attorneys For Kids Fight To Ensure Families Are Full Vindicated For The Rest of Their Lives
Every wrongful death cases involving a child is unique, but our mission for your family is always unchanging:
Hold the negligent party fully accountable for the harm caused to your child
Provide your family with a level of financial resources that penalizes the Defendant
Prevent the harmful conduct from ever occurring again in the future
Not only do our trial attorneys consistently achieve these goals, but we also secure newsworthy outcomes for our clients in the process and his is lead by our founder, Brittany Mitchell. Attorney Brittany Mitchell is a Child injury lawyer from Houston, Texas, and is nationally recognized in the legal community for her case results. She will go to great lengths to ensure your child’s story is told and remembered. Whether you are in Dallas, Austin, San Antonio, another Texas city, or even a different state, Sneed & Mitchell LLP can assist you.
Understanding Death Claims Involving Children
Texas Civil Practice & Remedies Code §71.002 provides that a wrongful death claim may be brought if harm was caused by a “wrongful act, neglect, carelessness, unskillfulness, or default.” To file a wrongful death case successfully, parents must demonstrate that the individual’s or entity’s unsafe actions caused their child’s death.
The burden of proof in civil tort claims is lower than in criminal law. In civil claims, the plaintiff must prove by a preponderance of the evidence, meaning "more likely than not", that the defendant breached their duty of care, and that this negligence led to the child’s death. A skilled child injury advocate understands how to thoroughly investigate incidents to identify specific safety violations. Proving that a daycare attendant was liable in causing a child’s harm requires knowledge of the State’s Child Care Licensing Guidelines, while holding an amusement park accountable may demand familiarity with design standards and biomechanics. Experienced attorneys have represented families in wrongful death claims involving pools, defective toys, apartment complexes, entertainment centers, and any setting where a child might be exposed to serious harm. Wrongful death claims also often require expert witnesses, such as engineers, medical doctors, and forensic specialists, to clarify how the death occurred.
When children are accident victims, defense attorneys frequently attempt to shift blame to the child. This is because most states, including Texas, allow for liability to be apportioned among multiple parties, and defendants may avoid liability if the child’s or parent’s contributory negligence is found to be 50 percent or greater. For these reasons, attorneys pursuing wrongful death or survivorship actions must conduct a comprehensive investigation to uncover all facts supporting accountability for the harm caused.
Beyond securing compensation in a successful wrongful death case, these lawsuits deliver justice for your loved ones by holding the at-fault party accountable. A wrongful death action also helps prevent similar future incidents, potentially leading to policy changes, new legal precedents, and a safer community.
Why You Need a Child Injury Attorney In Fatal Accident Cases
Child injury attorneys are well-versed in the complexities of representing minors and have a unique ability to view situations from a child's perspective. When children run unsupervised in a store or are drawn to an attractive nuisance, understanding their thoughts and motivations can be crucial in establishing their innocence and proving the fault of another individual or company. Additionally, children's tendency to hide pain and suppress emotions can enable the defense to argue that they weren't experiencing the level of suffering claimed, which is entirely false. A Texas attorney that handles child accident cases will protect the victim and educate the judge or jury on how children behave and often view the world around them.
Fatal accidents that involve minors also require the attorney to determine the degree of compensation and damages being sought by the family. This assessment is never emotionally easy, but is a requirement under the law. Beyond the economic and compensatory damages made possible under the law, an attorney might also think that a jury would grant punitive damages. Punitive damages are an additional sum meant to punish the bad behavior of the defense, but obtaining them is not easy, or possible in every circumstance.
Once a petition is filed, and all parties have exchanged information and deposed witnesses, it is the job of the attorney to share the child's story. A personal injury that doesn't regularly represent children might not have the best sensitivities and understanding when discussing the life of the child and impact on the surviving family. Properly advocating for a child a skillset developed over decades, and a child injury attorney has the narrative foundations needed to present the case in the most compassionate and compelling way.
At Sneed & Mitchell LLP, we make sure your family's voice is heard and fully appreciated. Our attorneys know that this is not just a legal matter, but a deeply emotional one. We will stand by your side while handling all the legal details so you can focus on healing and honoring the memory of your child.
Do Not Let The Insurance Company Blame You
Defendants and their insurance companies usually attempt to shift blame onto the parents when a child sustains injuries by claiming the parents failed to supervise their child at the scene. Do not let their blame game dissuade you from seeking justice. Companies are held a high duty of care to prevent kids from being exposed to possible dangers and pointing to the parents of the child is not enough to shirk liability.
When blaming the parents seems less beneficial, insurance carriers and law firms hired to defend claims will attempt to place responsibility on your child. As emotionally insensitive as it is to blame a child for their own death, it happens in our field, and an experienced attorney will prepare their clients for these type of low-level tactics.
The Damage Model In Fatal Accident Lawsuits Involving Children
Handling fatal accidents involving children carries a much different damage calculation compared to non-fatal personal injury claims. Moreover, even with the range of wrongful death claims the potential damages awarded varies based on the type of situation that caused the child's loss of life. The following is a highlight of the key differences in settlement considerations for families dealing with fatal versus non-fatal accident claims.
Non-Fatal Accidents Focus on Recovery and Long-Term Care
In cases where a child suffers a serious injury but survives, the primary focus is on the child’s medical recovery and ensuring long-term care. Settlements in these cases are designed to cover both immediate and ongoing needs. For instance, medical expenses play a significant role, including immediate costs such as hospital stays, surgeries, and emergency care, as well as long-term rehabilitation services like physical therapy or psychological counseling. Future medical needs are often a critical component of settlements, especially if the child suffers from a permanent disability or chronic condition. This might include expenses for adaptive equipment like wheelchairs or home modifications. Educational support is another important element in child injury cases. If the injury impacts the child’s learning ability, the settlement may need to cover special education or tutoring services to help the child reach their full potential.
Fatality Cases Focus On Compensation for Loss and Emotional Grief
In contrast, child fatality cases focus on compensating the family for the loss of life and the emotional, financial, and personal impacts of that tragic event. One of the most immediate financial needs in these cases is covering funeral and burial expenses. Once those economic needs are addressed, the largest part of compensation in child fatality cases often stems from the emotional toll the loss takes on the family. Settlements include compensation for the loss of companionship, love, and emotional support that parents, siblings, and other close family members will miss due to the child's death. Furthermore, parents who are grieving may need significant time off work, and settlements often cover lost wages or even a reduction in long-term earning capacity. Survivorship claims also play a major role in wrongful death lawsuits, as they compensate for the emotional suffering the child may have suffered during the fatal incident or emergency treatment before passing.
In addition to helping you seek justice, attorneys that handle child injuries and fatalities are committed to holding negligent parties accountable. This includes individuals, companies, or institutions whose actions or inactions led to your child’s injury or death. By taking legal action, you can help ensure that similar incidents are prevented in the future. If you are seeking answers and justice for your child’s injury or wrongful death, contact our caring team today. We offer free consultations and are here to provide the support and guidance you need.
What to Expect From Sneed & Mitchell LLP
Pursuing a wrongful death claim can feel overwhelming, especially while grieving the loss of a child. Working with an experienced wrongful death lawyer ensures that you have a knowledgeable advocate on your side who can handle the complexities of the case while keeping your family’s best interests at heart.
Thorough Case Evaluation
The first step is a detailed evaluation of your case. Your lawyer will meet with you to discuss the circumstances surrounding your child’s death, gather the facts, and determine whether a wrongful death claim is viable. This includes assessing potential liable parties, the cause of death, and how negligence or wrongful actions played a role.
Investigation and Evidence Gathering
A comprehensive investigation will follow. Your lawyer will collect key evidence to support your claim, including medical records, accident reports, expert witness testimonies, and any other critical documentation. The goal is to build a strong, compelling case that shows how another party’s actions directly led to the tragic loss.
Filing the Wrongful Death Claim
Once the evidence is gathered, your wrongful death lawyer will file the official wrongful death claim on behalf of your family. This legal document outlines the facts of the case, names the responsible party, and seeks compensation for the damages suffered by your family, such as medical expenses, funeral costs, and emotional suffering.
Handling Insurance Companies and Negotiations
Insurance companies often try to settle cases quickly and for less than what’s fair. Your attorney will manage all communications with the insurance company, ensuring that your family’s interests are protected. This includes negotiating a settlement that reflects the full scope of your loss and the financial impact it has had on your family.
Representation in Court
While many cases settle out of court, some wrongful death claims may proceed to trial. If this happens, your lawyer will represent you in court, presenting your case to a judge or jury and advocating for the justice and compensation your family deserves.
Throughout the process, we will keep you informed, answer your questions, and provide compassionate legal counsel. We know that the legal process can feel daunting, but you don’t have to face it alone. Our attorneys are here to help you through every step of the way, from filing the claim to negotiating with insurance companies or representing you in court.
Common Causes of Child Death Lawsuits
About every three years the Centers for Disease Control and Prevention's (CDC) National Center for Health Statistics updates the data on leading causes of death affecting children. In 2022, across all age groups of minors, the leading cause of death was accidents, also categorized as "unintentional injuries." In civil law, for conduct to be considered negligent, it must be unintentional. Negligence, recklessness, and even gross negligence are all forms of unintentional liability. The following types of unintended accidents are common causes of child death lawsuits litigated throughout the United States.
Firearms
Data compiled by the Kaiser Family Foundation shows that gun-related incidents are the leading cause of death for children and teens aged 1-17. In 2021, there were 2,571 child deaths related to firearms, a number that has risen sharply since 2013. Wrongful death actions involving firearm discharge often involve premises liability or negligent security claims. Homeowners who fail to secure weapons properly can be held liable for gun negligence. Owners of apartment complexes, hotels, motels, entertainment venues, or other establishments can also be sued for the death of minors when assailants gain access to the property due to broken gates, locks, fences, or other security failures.
Motor Vehicle Accidents
Though automobile accidents are no longer the leading cause of death for children and teens in the United States, vehicle crashes involving cars or commercial trucks remain the second leading cause of child fatalities. Children are also sometimes unintentionally left on daycare or school buses, leading to approximately 37 children die each year due to vehicular heatstroke. Additionally, defective car seats or other safety products can cause fatal injuries to children, resulting in product liability cases.
Birth Injury Negligence
Birth injuries occurring in NICUs across the United States pose a serious threat to the lives of newborns. Failure to diagnose or treat a mother’s infections, medication errors, negligent monitoring, and delays in C-sections or delivery are common medical errors that can have long-term consequences for families. The impact on the family can be devastating, often requiring a wrongful death advocate to uphold the family’s rights. If your child died due to a birthing error, contact Sneed & Mitchell LLP today at 866-434-0014.
Dog Bite and Attack Cases
Children are the most common victims of dog bites, with those aged 0-9 being most likely to suffer serious harm in animal attacks. Due to their height relative to the dog, children often suffer injuries to critical areas of the body. In many fatal cases, the dog escaped from an unsecured door or fence before the attack, which can subject the pet owner to a civil lawsuit. Our child injury attorneys frequently handle dog bite cases and can assist in holding the animal's owner accountable on behalf of your family.
Understanding The Attractive Nuisance Doctrine
The attractive nuisance doctrine is a legal principle that holds property owners responsible for keeping their premises safe from hazards that may attract children. Under this doctrine, if a child is injured or dies because of an unsafe condition on someone’s property, the owner could be held liable for not taking reasonable steps to prevent access or make the area safe.
Examples of attractive nuisances that can tragically result in the wrongful death of children include swimming pools within apartment complexes, which when left unfenced or unsecured pose a high risk of child drowning. Active construction sites are also particularly hazardous, with children being drawn to heavy machinery, debris, or dangerous equipment. Open wells or pits that are not properly covered or marked can result in fatal falls for unsuspecting children. Abandoned or unlocked vehicles in open parking lots can also tempt children to explore, potentially leading to suffocation or other fatal accidents. Trampolines and other types of playground or exercise equipment can additionally lead to serious injuries if not gated or otherwise secured.
Property owners are charged with the responsibility to take necessary precautions to prevent child access to these dangers here in Texas. A landlord should secure any potential attractive nuisance on the property, which often includes properly fencing pools, preventing access to dangerous equipment, or covering open wells or pits. Regular maintenance of the property should also inspect and address any hazards that could attract and harm children.
Attorneys representing families dealing with the tragic loss of a child due to attractive nuisance hazards in Texas can utilize this law as part of a wrongful death claim. Use of the attractive nuisance doctrine in a wrongful death case can help hold property owners accountable for their fatal errors, and incentivize an increase of safety for the community or apartment complex.
Statute of Limitations in Texas Death Cases
The statute of limitations is a law that sets a specific time frame within which a lawsuit must be filed. If the lawsuit is not filed within this time frame, the courts are likely to dismiss the case, regardless of its merits. This time limit applies in most situations, and it’s essential for families to understand that once this period passes, they will likely be barred from pursuing their case in court. It is essential that you contact a child wrongful death lawyer quickly to ensure someone is meeting these strict deadlines on your family’s behalf.
Here in Texas, the Texas Civil Practice and Remedies Code states a wrongful death claim must be filed within two years from the date of death. It’s important to note that this two-year period generally starts from the date of death, not the date of the incident that led to the death. For example, if a child is injured in a car accident but survives for several months before succumbing to their injuries, the statute of limitations begins on the date of death rather than the date of the accident.
Are There Exceptions to the Limitations Period?
While the two-year statute of limitations is standard in Texas wrongful death cases, certain exceptions may apply. These exceptions are rare and very fact-specific, but they can extend or toll (pause) the time limit. Here are a few examples:
The Texas Discovery Rule
In some wrongful death cases, the family may not immediately realize that negligence or wrongful actions caused the death. In situations where the cause of death is not immediately apparent, the statute of limitations may begin when the family discovers (or should have discovered) that negligence played a role. Here in Texas, this is called "The Discovery Rule" This is most common in medical malpractice cases, where the negligence is not always immediately clear, but it could be used in other cases where the harm takes time to materialize.
Minor Claimants
If the surviving family members who are entitled to file a wrongful death claim are minors, the statute of limitations may be tolled until they reach the age of 18. For instance, if a child’s sibling, who is still a minor, is the only surviving family member, they may be able to file a claim after turning 18. However, this exception is complex and requires a thorough legal analysis.
Mental Incapacity
In cases where a parent or guardian is mentally incapacitated, the statute of limitations might be extended. This is an exception that applies in specific, rare cases and would require legal intervention to determine its applicability.
While the statute of limitations may seem like a generous time frame, it’s crucial for families to act as soon as possible. Investigating the circumstances of a child’s wrongful death takes time, and the grieving process can understandably delay the family’s decision to take legal action. Consulting an experienced child wrongful death attorney early on can help ensure that the claim is filed within the statute of limitations.
Consult With A Texas Child Wrongful Death Attorney
If you are asking deciding when is the right time to contact a wrongful death attorney for the loss of your child, the answer is now! Sneed & Mitchell LLP offer free and confidential case consultations and charge you nothing unless we win for your family. You will not incur any legal expenses, court costs, or other costs unless we win by way of a settlement or verdict.
We understand that no legal action can bring back your child, but it can provide justice and force the company to be held accountable for their actions. Whether your child’s death resulted from a car accident, medical error, or unsafe product, our dedicated team is here to help you seek the justice you deserve.
If your child died here in Texas or nationally, call (866) 434-0014 to speak with child wrongful death attorney Brit Mitchell today. Attorney Mitchell specializes in investigating fatal accidents and will help you understand your legal rights or options. Sneed & Mitchell LLLP provide free case consultations and will fight for the justice of your child. If you would to contact us online, we'll have a trial attorney contact you within 10 minutes for a free consultation.
Note that all cases are handled on a contingency-fee basis, meaning that your family does not pay any upfront attorney fees, and there is not a charge unless we win.
We Also Offer Bilingual Child Wrongful Death Assistance
If you need legal assistance for your family in Spanish, we will be more than happy to assist you. Our experienced Spanish-speaking child injury attorneys have handled hundreds of complex death cases for the Latino community and will make sure your child's store is heard. Call or message us today for a free, no obligation Spanish case consultation.