Wrongful death suits are among the most painful and difficult legal processes imaginable. But, when the loss of life has been suffered by a child, the case is both more heartbreaking and also more difficult. In wrongful death suits, the primary method of making the victim’s family whole is through paying economic damages. However, when a child is wrongfully killed, they have usually not demonstrated any specific earning potential, which can complicate the settlement.
Of course, no one wants to think of a human life as having a dollar-value. Unfortunately, this is often the very thing that must be done in a wrongful death case, as difficult as it may be. So how does one go about determining the value of a child’s life, when that child was robbed of an opportunity to find his or her gifts and pursue his or her passions?
The sad reality is that the loss of a child usually leaves the parents with relatively small monetary settlements. This is because because the law generally only allows for parents to recover their economic losses from the death of the child, rather than a settlement based on an older person’s earning potential and more intangible losses. In contrast, a family who has a father, mother, husband or wife who is wrongfully killed may seek economic damages based on lost earning potential, as well as less tangible things like loss of guidance or loss of companionship.
If you have lost a child, you deserve to have your losses met with care and dignity. An experienced attorney can help you evaluate your loss and prepare a fair and respectful wrongful death claim that acknowledges the true value of the life you have lost.