Wrongful Death Cases Involving Children
Some accidents may include bystanders and children. For example, the victims of vehicle accidents may include the driver, passenger, as well as people who may have been walking or children who were playing on the side of the road. They are casualties due to other people's negligence. In particular, children tend to become victims because it is almost impossible for them to defend themselves against vehicles. In many cases, parents and other family members take the legal route to ensure that the person responsible for such a wrongful death is punished.
What Amount of Compensation Should Be Paid?
Filing such a lawsuit brings up the question of damages and how much should be paid. While compensation does not lessen the family's pain and suffering, it is a mechanism aimed at minimizing any financial stress that the family may experience. However, in the case of children, this becomes a complicated issue since children generally do not contribute to their family's income.
Compared to adults, the financial contribution of the child varies depending on age. In certain states, wrongful death claims may even be filed on behalf of an unborn child. In other cases, a live birth is a requirement to consider such an action. Again, the case of a 10-year-old is vastly different from that of a much older teenager because the teenager is more likely to contribute financially and at a sooner time.
Thus, although juries may sometimes reference such guides as work-life expectancy tables, it is unlikely that parents may receive any significant amount in damages for the wrongful death of their child. There may be extraordinary circumstances or cases where an exception is made, but for the most part, the less plausible financial impact makes jury members hesitant to decide in that direction.
If Your child is Involved in a Wrongful Death Call Us today
At Edwards & Culver, our attorneys have more than 100 years of experience in personal injury. We've won more than half a billion in verdicts and settlements for our clients and we are devoted to fighting for you and your family. We have seen a multitude of wrongful death cases during our time and we know how difficult to is for families to cope after the loss of a loved one, especially a child during an accident. Let our seasoned wrongful death lawyers in Billings help -- we are ready to listen to your story and answer your questions during a consultation and we are prepared to fight for you. Do not hesitate to reach out today.
Contact Edwards & Culver online or call (406) 215-4735 for a consultation.