Filing suit after the tragic loss of a child

Recently, a 6-year-old girl living in San Francisco with her family was struck and killed by a Honda driven by Syed Muzaffar while he was logged on to the transportation app called Uber. Police arrested and charged Muzaffar with vehicular manslaughter, gross negligence, and failure to yield to pedestrians in a crosswalk. For the Lius, however, that wasn’t enough. The Liu family is suing Uber for wrongful death.

Burying a child is a pain that no parent should have to endure. This is especially true when the child dies because of the wrongful act or omission of another person. When this occurs, the parents or guardians of the child can bring a wrongful death lawsuit against the liable parties. Here’s what you need to know: 

Statutory eligibility — Under Indiana’s statute for wrongful death of a child, a “child” is defined as:

  • An individual who is under the age of 20 and not married
  • A student who is under the age of 23 and not married
  • A viable fetus 

Potential damages — In a lawsuit for the wrongful death of a child, you may seek compensation for:

  • Hospital and other medical expenses
  • Burial and funeral costs
  • Loss of companionship and love
  • Loss of the child’s services
  • Mental health counseling for the parents and minor siblings 

Statute of limitations — Generally, a lawsuit for the wrongful death of a child must be filed within two years of the date of the child’s death. If the lawsuit is filed after the two-year statute of limitations expires, the surviving parties may be barred from recovering damages.

If your child was killed because of another person’s wrongful act or omission, contact a California wrongful death attorney. At the Steven P. Roberts, we fight hard to obtain compensation for those affected by wrongful death. Contact our office today to discuss your situation.

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