Losing a loved one is already painful, but losing a child is something none of us ever want to experience. We want to protect our children, but in some cases, the people around us don’t take their safety into consideration. When someone else caused your child’s death, you should receive compensation for the damages you’ve suffered.

Unfortunately, you might be unsure if you can file a wrongful death claim for your child. While you should be able to fight for that compensation, be sure to speak to a lawyer from Craig Swapp & Associates before you file your wrongful death claim.  

Parents Can File for Their Children

Wrongful death claims are unique because the person who suffered the injury isn’t able to file their claim and get their compensation. As such, the survivors will be responsible for the claim. They’ll be the ones responsible for the remaining expenses after their death, so they should receive that compensation.

Fortunately, most states allow the parents to file a wrongful death claim for their children. While some states have specific laws regarding the wrongful death of a child, you should be allowed to file a claim for your child’s death.

If you’re the parent of the deceased, you’ll have a chance to file within the time limits for your state, fortunately. While it’s best to have a lawyer on your side for your claim, you should be allowed to file regardless.

Adoption and Parental Rights

However, you might be concerned about filing a wrongful death claim for a child if you’re not the biological parent or if your child was adopted by someone else. Parental rights can become complicated, so speak to your lawyer before you make decisions about your child’s claim.

In most claims, however, the adopted parents have the full rights of biological parents, and they should be able to sue. They’re the legal parents of the child, and as such, they should receive the same treatment.

However, biological parents whose children were adopted may not have this option. When a parent signs the adoption paperwork, they lose their rights as parents. As such, if you’re the adopted child’s biological parent, there’s a good chance that you won’t be allowed to receive compensation for the child’s passing.

A Lawyer Can Help You File a Wrongful Death Claim

Losing a child is a painful time. It’s only worse when you lost your child to someone else’s negligence, and you’re left wondering, “Can I file a wrongful death claim for my child?” Fortunately, if you’re not sure, a lawyer from Craig Swapp & Associates can help you.

If your child passed away because of someone else’s recklessness, you’ll need to fight for their wrongful death claim. Start by speaking to a wrongful death lawyer about your claim through our free consultations. We’ll discuss whether you’re eligible, what damages to seek, and how we can help before you sign anything.

So, reach out to our lawyers when you’re not sure if you can file a wrongful death claim for your child, and get the help you need. To get started, call us at 1-800-404-9000 or complete the online form below.