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Wrongful Death of a Child


When someone dies because of the negligence of another, the impact on the family of the deceased can be devastating — not only emotionally, but financially. If the deceased was the main breadwinner of the family, the survivors clearly are entitled to compensation for the hardship that ensues.

But what if the loss involves a child? Rarely is a child an income-producing member of the family — and of course, financial concerns are the last thing on the minds of grieving parents. It may even seem offensive to suggest that money paid by the negligent party can in any way compensate a family for the death of a child. However, the only remedy available under the law is to translate personal losses, including pain and suffering, into payment of monetary damages.

In some ways, however, the loss of a child really does have financial implications. The Oklahoma wrongful death statute specifically recognizes not only the emotional loss to parents of a child who is wrongfully taken from them, but also the financial impact of the loss in the past, present and future. According to Title 12 Section 1055, damages recoverable for the death of an unmarried minor child may include:

  • Medical and burial expense
  • Loss of anticipated services and support
  • Loss of money that has been spent on the support, maintenance and education of the child

As any parent knows, raising a child is an expensive proposition. Parents may not think of their child as an investment, but it is fair to assume that you spend money on your child with a reasonable expectation of enjoying your relationship well into the future. Not only that, but a child may have the potential to actually help you financially in the future. All of that is taken away when the life of a child is cut short. For these reasons, parents who are victims of the wrongful death of a child should not hesitate to contact a caring Oklahoma wrongful death attorney.