A mother, father or legal guardian usually acts on behalf of a deceased child when it comes to handling a wrongful death insurance claim or civil lawsuit. This situation is not absolute, however.
By statute,, a family or the child’s estate can designate a legal executor for the purposes of filing a lawsuit. Consulting with a Virginia wrongful death attorney before taking the option of having someone other than a parent or guardian represent the child will ensure that legal challenges to the arrangement do not block recovery of compensation and damages from the person or organization that caused the death.
EJL