Wrongful Death of a Minor in Los Angeles

Losing a child under any circumstances is every parent’s worst nightmare, and no amount of money can completely erase the trauma of a tragedy like this. If you’ve suffered this loss, seeking compensation can help secure your family’s future and provide financial stability for years to come.

Filing a wrongful death suit for a minor in Los Angeles is legally and emotionally challenging—having experienced legal support is essential. Fortunately, you have help from compassionate wrongful death lawyers who will stay in close contact with you throughout your legal proceedings and take a hands-on, custom-tailored approach to the justice you deserve for a lost one.

Possible Grounds to Sue Over the Wrongful Death of a Minor

Regardless of how old someone is when they pass away, holding someone else civilly liable for their death through a wrongful death claim typically requires proving that the other person was “negligent” in some way. In brief, this means showing that a specific reckless, careless, and/or illegal act was the main and direct cause of the death in question and that the deceased person likely would not have been injured at all had the named defendant(s) acted more responsibly.

Under California state law, any person who has custody of and/or is responsible for caring for a child regularly can file suit if that child passes away due to an unforeseeable mistake. However, if the wrongful death of a minor in Los Angeles stems from an intentional criminal act, only the child’s surviving parent(s), grandparent(s), or legal guardian(s) may file suit.

Recovering for Short-Term and Long-Term Losses

A lawsuit or settlement demand over a minor child’s wrongful death can seek compensation for damages like:

• Medical bills for care the child received between being injured and ultimately passing away from that injury, if applicable
• Lost future working and earning capacity
• Lost love, companionship, and society
• Lost household services and support

Typically, both of a deceased child’s surviving parents can receive compensation through this type of claim.

However, suppose the deceased child’s parents are divorced or legally separated. In that case, only the parent(s) who had custody of the child when that child passed away will have standing to recover compensation. It is also worth noting that current state law caps recovery for non-economic damages after wrongful death caused by medical malpractice to $500,000 as of 2023.

Time Limits for Suing Over a Child’s Wrongful Death

The statute of limitations for civil claims based on a minor child’s wrongful death in Los Angeles is the same one that applies to all other types of personal injury claims. As a result, eligible beneficiaries generally have no more than two years after first getting a “cause of action” to file suit formally. For wrongful death claims, the “cause of action” for a claim is the moment someone passes away due to another person’s misconduct, not the date on which that misconduct occurred.

A Los Angeles Attorney Can Help After the Wrongful Death of a Minor

If you recently lost a child to someone else’s irresponsible or unlawful act, the idea of adding civil litigation to your plate right now may understandably be unappealing. As noted above, you have limited time to understand and enforce your right to civil recovery after suffering a loss of this nature, so failing to act quickly could leave you with no option for seeking compensation.

A dedicated wrongful death lawyer can provide irreplaceable assistance with every stage of filing suit over the wrongful death of a minor in Los Angeles. Call today to schedule a private initial meeting.