If you lose someone you love in an auto accident, then you may be able to seek compensation. Whether you are a minor or adult, you should be able to pursue compensation through a wrongful death action against an at-fault driver. It will be more complicated to make a claim if you are a minor, but it is still possible.
With a wrongful death claim, you are able to bring a lawsuit against a person you believe caused a fatal accident. This claim allows you to seek financial compensation for any losses that have occurred due to the deaths of your loved ones.
Who can make a wrongful death claim?
In circumstances where both parents have died in an automobile accident, the children of the decedents have a right to make a wrongful death claim. There are requirements that have to be met before a claim can be made.
If the children are minors, then the court will first need to establish a legal guardian. Then, the legal guardian will pursue the lawsuit on behalf of the children.
What kinds of damages can children seek in a wrongful death case?
Minors or adult children of the victims may be able to seek out compensation for economic and noneconomic losses. Economic losses are tangible, such as medical bills or lost wages, while noneconomic losses are intangible, like emotional distress or pain and suffering.
Children may seek out compensation such as:
- Medical bills
- Lost wages
- Funeral expenses
- Burial expenses
A wrongful death claim may allow children to seek the compensation they need to live with a better quality of life even though their parents have passed on.
What should you do if you want to make a claim?
If you are an adult, you can begin a wrongful death claim after your parent passes and if you are legally approved to do so. When both parents have passed, children may be able to file sooner than the usual two-year limitation. For minors, setting up a guardian comes first, and then it’s possible to look into making a claim on behalf of the minor children.