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Wrongful Death for the death of a Child

A wrongful death is a death that is due to the willful, reckless or negligent actions of another party. That party may be another individual or individuals. It may also be a company or an entity. When the malfunction of an item results in the death of a person, in some cases the entity or company that made the item can be held accountable for the wrongful death.

The motives of the intent of the defendant may be irrelevant in the wrongful death lawsuit. In a civil case the courts are less concerned about whether the action was intentional or unintentional and more concerned about whether: 1) the defendant breached their duty of care toward the plaintiff (the deceased); 2) the death was caused by the defendant’s breach of duty; 3) the plaintiff or deceased suffered loss or in this case death due to the conduct of the defendant.

When someone is to blame for the wrongful death of a child or elderly person, it may be especially trying and upsetting. The hurt, pain and sorrow may be even greater. You may be angry and want to see whoever was responsible for that child or elderly person’s death pay for what they have done.

You may be the parent of a child whose death was a wrongful death? Or, you may be the spouse or child of an elderly person whose death was a wrongful death? Is there any action that the law will allow you to take against whoever brought about the death of your child or your parent or spouse? Can a wrongful death lawsuit or claim be made for a child or an elderly person?

Although wrongful death statutes and laws are not the same in every state, in most states, if you are the parent of the child or the child or spouse of the elderly person whose death was a wrongful death, you are permitted to file a wrongful death lawsuit against the party who caused that death.

The problem is that recovery of damages is usually small and modest in a wrongful death lawsuit that is related to the death of a child or elderly person. The primary reason for this is that the measure of damages in a wrongful death lawsuit is your financial loss.

When a child dies because of a wrongful death, the financial losses can be minimal. Recoverable damages are usually based on the habits of the child, state of health, life expectancy, earning potential, sex, age and work expectancy.

When an elderly person dies as a result of a wrongful death, the courts may determine they have a low earning potential. Because their child or children are nearly always adults, they are may not need significant support, nurturing or guidance from their parent. The loss, although emotionally devastating, may not financially impact the children.

If someone you loved has been killed due to the negligence of another person, it may be time to discuss your case with a personal injury lawyer.


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