The death of a child is a devastating event, especially when it is a wrongful death that could have been avoided but for the negligence of another party.

As experienced Rochester personal injury lawyers, we are proud to help recover any damages that are available as a result of the wrongful death of a child.

Who can bring a lawsuit for such damages may depend on the composition of the child’s family and how the estate of the child is set up.

If the child was injured, did not die immediately, and had some awareness of his or her condition, the estate of the child may make a claim for damages based on the child’s pain and suffering prior to death.

Even if the deceased child did not suffer, the distributees of the estate may still bring a claim for damages, but it is limited to economic losses, such as medical expenses.

It does not include any compensation for the sorrow or loss of family members associated with the loss of the child.

It is possible in some cases, however, to bring a claim – usually called a “zone of danger” claim – on behalf of a family member who was present and experienced the terror of realizing that the child was at risk of being killed.

Both of these claims are typically brought by the personal representative of the child’s estate. In most cases where a child dies, there is no estate because children usually have no assets.

As a result, it may be necessary to have an estate set up so that a claim can be pursued.

If there is an estate and the personal representative refuses to pursue a claim for any reason, the distributees of the child’s estate may have an administrator appointed to pursue the claim on their behalf.

We help families who have suffered the death of a child due to the negligent actions of another party. If you need legal help, please call us at 585-484-7432 for a legal consultation.