Wrongful Death of a Child

There is no greater tragedy than the death of a child. When a child’s life is taken due to someone else’s negligence or wrongful conduct, the grief experienced by parents and family members is immeasurable and lifelong. Texas law recognizes the unique devastation of losing a child and provides parents with the right to pursue a wrongful death claim to hold the responsible party accountable and recover damages for their profound loss. McFarlane Law handles these deeply sensitive cases with the compassion and care that grieving parents deserve, while pursuing justice with the tenacity and legal expertise these cases demand.

Common Causes of Child Wrongful Death in Texas

Children lose their lives to preventable negligence in a variety of heartbreaking contexts across Texas. Motor vehicle accidents remain the leading cause of death for children and adolescents, whether the child is a passenger in a vehicle struck by a negligent driver, a pedestrian hit while walking or playing near roadways, or a cyclist struck by an inattentive motorist. Drowning deaths, which are tragically common in Texas due to the prevalence of residential swimming pools, occur when pool owners fail to maintain adequate fencing, gates, self-closing latches, or supervision — and when daycare centers, hotels, and public facilities neglect their duty to ensure water safety. Defective products including toys with choking hazards, improperly designed car seats, flammable clothing, and dangerous household products cause child fatalities that give rise to product liability wrongful death claims against manufacturers and retailers. Medical malpractice during childbirth, pediatric care, or emergency treatment can result in infant and child deaths when healthcare providers fail to meet the applicable standard of care. Premises liability incidents — including falls from unsafe structures, electrocutions from exposed wiring, and injuries from inadequate playground maintenance — claim children’s lives when property owners fail to maintain safe conditions. Daycare negligence, including inadequate supervision, failure to secure premises, and negligent transportation, represents another devastating category of preventable child death.

Who Can File a Wrongful Death Claim for a Child in Texas

Under the Texas Wrongful Death Act, both parents of the deceased child have standing to file a wrongful death action, regardless of whether they are married, divorced, or were never married. Each parent may file individually or both may file jointly. In cases where the parents are divorced or separated, both parents retain independent standing to pursue a wrongful death claim, and their respective damages are assessed individually based on each parent’s relationship with the child. If either parent is deceased, the surviving parent may file the claim alone. If both parents are deceased, the personal representative of the child’s estate may bring a survival action on behalf of the estate. It is important to note that under the Texas Wrongful Death Act, siblings of the deceased child do not have independent standing to file a wrongful death claim, even though they may suffer profound grief and loss from their sibling’s death. Grandparents also lack standing unless they have been legally designated as the child’s parents through adoption or court order. Because the standing rules can be complex — particularly in cases involving blended families, custody arrangements, or adoption — consulting with an experienced wrongful death attorney early in the process is essential.

Damages in Child Wrongful Death Cases

Calculating damages in a child wrongful death case presents unique challenges because, unlike adult wrongful death cases, there is often limited or no earnings history from which to project lost future income. Nevertheless, Texas law permits recovery of substantial damages. Economic damages in child wrongful death cases may include projected lost earning capacity based on the child’s educational trajectory, aptitude, family educational background, and statistical earning potential; all medical expenses incurred from the injury through death; and funeral and burial costs. Non-economic damages in child wrongful death cases often constitute the most significant component of the recovery, reflecting the extraordinary emotional bond between parents and children. These damages include loss of companionship and society — the daily interactions, milestones, holidays, and shared experiences the parents will never have with their child; loss of love and affection — the unique emotional bond between parent and child; mental anguish — the devastating psychological impact of losing a child, which studies consistently show produces more severe and prolonged grief than any other type of bereavement; and loss of the child’s future services and contributions to the family. Texas courts and juries have historically recognized the uniquely devastating nature of losing a child and have awarded substantial non-economic damages in these cases, reflecting the reality that no other loss is comparable.

Holding Responsible Parties Accountable

McFarlane Law aggressively investigates every child wrongful death case to identify all parties whose negligence contributed to the tragedy. In vehicle accident cases, we pursue claims against negligent drivers and, where applicable, their employers, the manufacturers of defective vehicle components, and government entities responsible for dangerous road conditions. In drowning cases, we investigate pool owners, property managers, homeowners’ associations, daycare operators, and swimming facility operators for failures to comply with Texas pool safety regulations and common law duties. In product liability cases, we pursue manufacturers, distributors, and retailers of defective products under strict liability theories that do not require proof of negligence — only proof that the product was defective and unreasonably dangerous. In medical malpractice cases involving children, we retain pediatric specialists and maternal-fetal medicine experts to evaluate the standard of care and identify departures that led to the child’s death. When the responsible party’s conduct was particularly egregious — such as a drunk driver, a daycare operator who left children unsupervised, or a manufacturer who knew about a product defect — we pursue exemplary damages to punish the wrongdoer and deter similar conduct.

Compassionate Legal Representation for Grieving Parents

McFarlane Law understands that parents who have lost a child are experiencing the worst moment of their lives. We approach these cases with sensitivity, patience, and genuine compassion, providing the emotional support and clear communication that grieving families need while handling every legal aspect of their claim. We shield parents from the stress of dealing with insurance companies, investigators, and defense attorneys during their time of grief, handling all communications and negotiations on their behalf. We keep families informed of every significant development in their case while respecting their need for space to grieve and heal. Our attorneys are accessible to answer questions, address concerns, and provide reassurance throughout what is inevitably a difficult and emotionally charged legal process. We work on a contingency fee basis, ensuring that cost is never a barrier for parents seeking justice for their child. If your family has suffered the unimaginable loss of a child due to someone else’s negligence, contact McFarlane Law at (512) 222-4900 for a free, confidential consultation. We are here to help your family seek the accountability and justice your child deserves.

Related Practice Areas

Texas Wrongful Death Lawyer — Back to main wrongful death page
Wrongful Death of a Spouse
Wrongful Death Damages & Compensation
Filing a Wrongful Death Claim
Texas Personal Injury Lawyer