(1) A parent or legal guardian who has regularly contributed to the support of his
or her minor child, and a parent or legal guardian who has had significant involvement
in the life of an adult child, may maintain or join as a party an action as plaintiff
for the injury or death of the child. For purposes of this section, “significant involvement” means demonstrated support of an emotional, psychological, or financial nature within
the parent-child relationship, at or reasonably near the time of death, or at or reasonably
near the time of the incident causing death, including either giving or receiving
emotional, psychological, or financial support to or from the child.
(2) In addition to recovering damages for the child's health care expenses, loss of
the child's services, loss of the child's financial support, and other economic losses,
damages may be also recovered under this section for the loss of love and companionship
of the child, loss of the child's emotional support, and for injury to or destruction
of the parent-child relationship, in such amounts as determined by a trier of fact
to be just under all the circumstances of the case.
(3) An action may be maintained by a parent or legal guardian under this section,
regardless of whether or not the child has attained the age of majority, only if the
child has no spouse, state registered domestic partner, or children.
(4) Each parent is entitled to recover for his or her own loss separately from the
other parent regardless of marital status, even though this section creates only one
cause of action.
(5) If one parent brings an action under this section and the other parent is not
named as a plaintiff, notice of the institution of the suit, together with a copy
of the complaint, shall be served upon the other parent: PROVIDED, That notice shall
be required only if parentage has been duly established.
Such notice shall be in compliance with the statutory requirements for a summons. Such notice shall state that the other parent must join as a party to the suit within
twenty days or the right to recover damages under this section shall be barred. Failure of the other parent to timely appear shall bar such parent's action to recover
any part of an award made to the party instituting the suit.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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