The death of a child is among the most devastating experiences a family can endure. When a child dies because of someone else's negligence, parents face not only unimaginable grief but also complex legal questions about pursuing compensation. Child wrongful death claims present unique challenges and opportunities that differ significantly from adult wrongful death cases.

Who Can File for a Child's Wrongful Death

State laws determine who has standing to sue when a child dies:

Parents

Both parents typically have standing to file wrongful death claims for a deceased child. This applies to:

  • Biological parents (married or unmarried)
  • Adoptive parents with the same rights as biological parents
  • Parents whose rights haven't been terminated

Single Parents and Absent Parents

When parents aren't together, questions arise:

  • Both parents usually have independent standing even if divorced or never married
  • A parent who abandoned the child may have standing but reduced damages
  • A parent whose rights were terminated typically cannot file

Guardians and Stepparents

Legal guardians may have standing in some states, particularly if the biological parents are deceased or their rights were terminated. Stepparents generally don't have standing unless they legally adopted the child.

Siblings and Grandparents

Some states allow siblings or grandparents to recover, typically only when no parents exist to file.

Damages in Child Wrongful Death Cases

Child wrongful death damages differ from adult cases because children don't have established earnings records or demonstrated earning capacity.

Economic Damages

Traditional economic damages are limited for children:

  • Lost earnings – Speculative because the child hadn't established a career
  • Lost services – The value of chores and help the child provided
  • Medical expenses – Pre-death treatment costs
  • Funeral and burial expenses – Always recoverable

Calculating lost earnings for a child requires projecting what they might have earned over a working lifetime—a highly speculative exercise based on:

  • Parents' education and earnings (as predictors)
  • The child's academic performance and aptitudes
  • Statistical earnings averages
  • The child's expressed interests and goals

Non-Economic Damages

Non-economic damages often dominate child wrongful death recovery:

  • Loss of companionship – The child's presence, love, and affection
  • Loss of society – The social relationship with the child
  • Mental anguish – The parents' grief and suffering
  • Loss of future relationship – Watching the child grow, graduate, marry, have children

Juries often award significant non-economic damages in child death cases because the loss is so profound and sympathies are strong.

Special Challenges

Defense arguments in child cases often include:

  • No proven earning capacity justifies low economic damages
  • The child would have moved away and had limited contact with parents
  • Any projection of future earnings is speculation

Plaintiffs counter that:

  • The value of a child's life isn't measured solely by economic productivity
  • Parents' loss of companionship and relationship extends for decades
  • Non-economic damages compensate for irreplaceable losses

Common Causes of Child Wrongful Death

Motor Vehicle Accidents

Car crashes are a leading cause of child fatalities. Claims may involve:

  • Negligent drivers who struck the child
  • Defective car seats or restraint systems
  • Unsafe vehicle designs
  • School bus accidents

Medical Malpractice

Pediatric medical errors include:

Product Defects

Dangerous products cause child deaths through:

  • Defective toys and nursery equipment
  • Unsafe cribs and sleep products
  • Choking hazards
  • Toxic products and chemicals

Premises Liability

Property dangers that kill children include:

  • Unfenced swimming pools
  • Playground equipment failures
  • Dangerous conditions on property
  • Inadequate security leading to violence

Daycare and School Negligence

Institutional failures that cause child deaths:

  • Inadequate supervision leading to accidents
  • Failure to protect from foreseeable dangers
  • Transportation accidents
  • Abuse by staff

The Survival Period

When a child doesn't die instantly, a survival action may recover additional damages:

  • The child's pain and suffering before death
  • Medical expenses during treatment
  • The child's fear and awareness of impending death

Evidence that a child suffered or was aware of their situation before dying can substantially increase total recovery but also makes the litigation process more emotionally difficult.

Criminal Cases and Civil Claims

When a child's death results from criminal conduct—abuse, drunk driving, homicide—both criminal prosecution and civil wrongful death claims may proceed:

  • The civil case doesn't require a criminal conviction
  • A conviction can help prove liability in the civil case
  • Civil damages provide compensation that criminal sentences don't

Multiple Plaintiffs

When both parents file claims, questions arise:

Married Parents

Married parents typically file jointly and divide any recovery, either equally or as the court directs.

Divorced Parents

Divorced parents may file separately or together. Their shares may reflect:

  • Custody arrangements
  • Time spent with the child
  • Financial support provided
  • Closeness of the relationship

Unmarried Parents

Unmarried parents both have standing but may need to prove paternity to establish the father's rights.

Damage Caps and Child Cases

Non-economic damage caps particularly affect child wrongful death cases because economic damages are often limited:

  • In uncapped states – Juries can award substantial non-economic damages reflecting the profound loss
  • In capped states – Recovery may be limited to the cap plus minimal economic damages, drastically reducing total compensation

Families in states with low damage caps may find that the legal system drastically undervalues their child's life.

Emotional Considerations

Child wrongful death litigation is emotionally grueling for families:

Reliving the Loss

Discovery, depositions, and trial require parents to repeatedly discuss the death, their relationship with the child, and their ongoing grief.

Defense Tactics

Defendants may argue that:

  • The child's life had limited economic value
  • Parents will recover from their grief
  • The parents share some responsibility for the child's death

These arguments, while legally relevant, can feel callous and retraumatizing.

Delayed Closure

Litigation extends for years, preventing complete emotional closure.

Family Conflict

Disagreements about whether to sue, how much to accept in settlement, or how to divide proceeds can strain already grieving families.

Settlement Considerations

Child wrongful death settlements involve special considerations:

  • No lost income baseline makes valuation more uncertain
  • Jury sympathy may lead to high verdicts, strengthening settlement leverage
  • Defense concerns about jury perception may encourage settlement
  • Emotional toll may make settlement preferable to trial

Using Proceeds

Families who recover compensation must decide how to use it. Common approaches include:

  • Covering funeral and memorial expenses
  • Paying medical bills from treatment
  • Supporting surviving siblings' education
  • Establishing memorials or scholarships
  • Charitable donations in the child's name
  • Therapy and counseling for family members

Conclusion

No compensation can replace a child. Wrongful death lawsuits provide financial recovery and a measure of accountability, but they cannot heal the irreparable harm of losing a child.

If your child died due to someone else's negligence, an experienced wrongful death attorney can guide you through the legal process with sensitivity to your family's emotional needs while fighting for maximum compensation. The decision to pursue a claim is deeply personal, and there's no wrong answer—only the choice that feels right for your family.