At what point can a person sue for the death of a parent? Can children
who were unborn at the time of a parent’s death sue for compensation
for the loss of companionship? Each case is different, and if you’ve
lost a parent, it’s important to speak with your attorney about
the potential for a case against a negligent party.
In this case, the answer is yes. According to the news from May 6, the
daughter of the Slipknot bassist Paul Gray has been told she can sue for
a loss of companionship for her father’s death, even though she
was only a fetus at the time.
The story reports that this is a special case; the man’s death was
from an overdose of morphine and fentanyl. He was only 38 at the time
of his death. After his death, his wife filed a lawsuit against the doctor
and several other medical care providers who were in charge of the man’s
drug addiction treatment. She sued not only for her own loss of spousal
consortium but also for her unborn child.
While her case was dismissed because it was filed after the statute of
limitations, the child will be able to seek compensation. Minor children
receive an exception in the state as long as they file a claim by the
time they reach 10 years old.
Previously, the doctor in the case was found not to be guilty, since he
had not prescribed the medications that led to the man’s death.
It’s not clear if the case would focus on a lack of monitoring or
other concerns with the girl’s father’s treatment and eventual death.