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Wrongful Death of a Minor in Frisco

The death of a young person is devastating, especially when it is caused by another person’s negligent actions. In these cases, surviving family members may feel a huge sense of injustice on top of their grief. Although parents could not file legal claims concerning the negligence-related deaths of their children in Texas prior to the state passing its wrongful death statute in 1985, the act was amended in 2003 to allow surviving family members to take legal action.

If your child was the victim of a fatal accident, work with a compassionate attorney to seek justice during this trying time. Contact a lawyer with experience handling cases involving the wrongful death of a minor in Frisco.

Can Adoptive Parents File Wrongful Death Actions?

Texas courts allow biological and adoptive parents to make wrongful death claims on their deceased children’s behalf. Surviving adult siblings cannot file, regardless of whether they were biologically related to the deceased or adopted. A knowledgeable Frisco attorney could further advise on who may file for the wrongful death of a child.

Common Reasons for Wrongful Death of a Child Claims

According to the Texas Civil Practice and Remedies Code, Chapter 71, Title 4, § 71.001, a wrongful death occurs when one individual’s unskillfulness, neglect, carelessness, wrongful act, or “default” results in the death of another. Sadly, wrongful death claims for children often involve the following types of scenarios:

Fatal Childhood Accidents Due to Dangerous Premises

Property owners must take extra care to ensure that children are protected from any dangerous hazards or “attractive nuisances” on their premises. An attractive nuisance is a dangerous feature or structure—such as a neighbor’s unfenced swimming pool, ladders, private swing sets, or wells—to name a few, that appeals to children who do not understand the hazards involved. If a child is involved in a fatal accident due to an attractive nuisance, their parents should consult a Frisco attorney about bringing a wrongful death claim.

Proving Negligence in a Child Wrongful Death Claim

To establish the wrongful passing of a child, the parents’ attorney could show that the minor was owed a duty of care that the offending party did not provide. A lawyer could also show that the breach of care directly resulted in the child’s death, resulting in the defendant owing damages to the parents.

Discuss a Child Wrongful Death Claim with a Frisco Attorney

The wrongful death of a child is a traumatic and life-changing event. If you recently lost your child because of the negligence or intentional actions of another, contact our law firm today. We are here to guide you through the legal process for the wrongful death of a minor in Frisco and help you seek justice for your devastating loss. Call us today to find out how we can help.