It certainly isn’t a pleasant task to put a dollar figure on someone’s life. In wrongful death lawsuits, the value of the deceased’s life to his or her family members is often measured by his or her earning potential. How is this calculated, though, for children?
A person’s financial loss isn’t just calculated by the loss of his or her paycheck. It’s also based on other factors, such as the person’s love, companionship, nurturing and more. An example is a mother who dies in a car wreck. Her child may seek damages for the loss of the mother’s guidance and care, as well as her income.
When a child is the focus of a wrongful death action, the parents are only able to seek damages for their financial loss. These damages are decided by:
— The sex, age, state of health, life and work expectancy of the child.
— The earning potential of the child.
— The relationship of those claiming the financial loss to the child; and,
— The age, circumstances and health of those claiming the financial loss.
It can be hard to determine financial losses in young children. There are work-life expectancy tables that can help juries and at least give them a starting point. The death of a child, though, usually results in a small amount of court-awarded damages.
There is little more devastating than the loss of a child. As a parent, you never expect to outlive your children. A lawsuit can be difficult to even think about, as no amount of money can bring your child back. However, in a wrongful death lawsuit, the goal is to hold accountable the person responsible for your child’s death.