Wrongful Deaths Involving Children and the Elderly
Wrongful death cases involving an infant or an elderly person often require a very skilled wrongful death attorney. Because wrongful death cases seek a pecuniary or financial settlement which is generally based on an individuals earning power and value to the family, the wrongful death lawsuit on behalf of a child or elderly individual past retirement age will generally be awarded a smaller settlement than one on behalf of a working adult. In a court of law, the price of a human life cannot be determined by the emotional value of the deceased family member to their family, but must instead base judgment on a quantifiable value, such as earning potential. This does not mean that the loss of a child or an elderly loved one is any less painful or damaging to a family, however, and a wrongful death attorney will seek the highest possible compensation for the loss of your cherished loved one.
The pecuniary injuries that pertain to the loss of a child are determined by similar considerations to those that determine the pecuniary injuries suffered by the loss of an adult. The child’s age, sex and life expectancy are considered. The child’s health and habits are considered and their work expectancy and earning potential determined. The age, health and circumstances of those claiming a pecuniary loss are also considered, as well as their relationship to the decedent.
It is obvious that much of what determines the award amount is speculation, and so the younger a child is at the time of death, the more difficult it becomes to determine the fair value of the pecuniary injuries. The speculation that a child may one day have contributed to the support of his or her parents does not always hold up in court. Juries are limited by law from excessive speculation, which means that most awards for the death of children will be small. There are exceptions, of course, especially if the child can be proven to be exceptionally intelligent or talented, or if the plaintiffs are unable to have other children. Having a wrongful death attorney who is skilled in wrongful death litigation will greatly increase the likelihood of reaching a significant settlement.
Wrongful death lawyers and law firms specializing in personal injury claims receive many inquiries concerning the validity of a wrongful death action on behalf of an unborn fetus. The first element of a wrongful death lawsuit is that a human being must have been killed. Because states vary in their determination of when a fetus becomes a separate human entity from it’s mother, the laws on wrongful death involving a fetus are also varied. Most states require that a child be born alive to be considered a human, so do not allow wrongful death lawsuits on behalf of an unborn fetus. The parents might feel intense emotional injury from the loss of the fetus, but it is unfortunately not actionable in most states. A wrongful death attorney will be able to advise you if you are able to sue for the death of an unborn fetus in your state.
The recovery potential of the death of a senior is similar to that of the death of an infant, in that it can be severely limited. Instead of guesswork as to their earning potential, it is deemed that most elderly individuals have already fulfilled their earning potential for their lifetime and no longer contribute significant financial aid to the family. Also, the children of elderly people seldom need a significant level of guidance and care from their parents, and so cannot be considered for significant pecuniary losses. A skilled personal injury lawyer familiar with the subtleties of wrongful death lawsuits involving the very young and the elderly will be able to explain the damages to which you might be entitled in these cases.
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