Losing a child may be the most difficult challenge anyone ever experiences. When that death occurs because of carelessness or negligence, it can make things even harder to bear. Read on to learn how loved ones can take legal action after the devastating loss of a child.
Understanding Wrongful Death Suits and Other Actions
You may have heard of wrongful death cases after the death of an adult. Not all states allow loved ones to pursue a wrongful death case when the victim is under the age of 18, however. You can still act, though it may not be through a wrongful death case. Instead, in states that don't allow wrongful death suits for minors, you can file a case for negligence on the minor's behalf.
Understanding Damages
Damages are things like pain and suffering and more. Each form of damage carries with it a dollar amount. When an adult passes away because of wrongful actions, loved ones who are dependent on the victim's financial support may sue. The amount of compensation is based on things like the victim's age and how much income they were earning when they died.
Since most minor children are not supporting a family, the damages are calculated in other ways. Here are some common forms of damage to be aware of when a child passes away because of another's actions:
- Expenses related to the burial and funeral.
- Pain and suffering the child endured. This amount is often based on medical expenses. This form of payment may not be available when no medical expenses are involved.
- Medical expenses incurred for the child.
- Lifetime earnings can also be paid even if the child has not earned any money. The amount may be based on things like the child's school record, achievements, sports ability, and more. This can be a difficult issue to cope with for loved ones as they imagine the life the child might have had. The achievements of any siblings can also affect the lifetime potential earnings question. If your child attended a private school, for instance, in which graduates often went on to earn higher than usual salaries, that is a big factor in compensation.
Speak to a Lawyer
Personal injury lawyers understand how to gather the evidence needed to show that the loved ones of the child are owed compensation. They will, if necessary, employ specialists in the field of vocational forensics to help arrive at a claim amount. Speak to the lawyer and let them take on the burden at this difficult time of making a lawsuit, be it wrongful death or negligence.
Contact a personal injury lawyer for more information.
