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Child Deaths: Understanding the Possible Outcomes
Child deaths: Understanding the possible outcomes
by jessica.freeburg@thomsonreuters.com | Apr 23, 2019 | Wrongful Death
It’s heartbreaking to imagine a child being killed, especially when the accident was preventable. Whether it’s a child who was struck by a stranger’s vehicle backing out of a driveway or one who was involved in a serious collision with their parents, the loss is something that will take time to recover from.
One thing parents can do after losing a child is file a wrongful death claim. Understandably, there is no amount of money that can bring back your loved one, and there’s no amount that can assuage the monumental grief. However, families can seek compensation to help cover their financial losses related to the death of their loved ones.
How are people compensated for the deaths of children?
Children pose a unique issue to the Texas court system due to the way that price-setting procedures were created. A child doesn’t yet have a job to make financial contributions to the family, in many cases. That can make it hard to assess potential financial losses associated with the death.
Parents may find that their recovery options are limited because of their child’s age. Financial losses for children are based on the child’s earning potential, age, sex, life expectancy and the state of their health at the time of death. Other factors that might impact the recovery include the child’s life expectancy and the age, health or circumstances of those who are making the claim.
It may be easier to assess the financial losses when a child is older, like a teenager who is beginning to work, compared to a toddler or infant. Why? It’s easier to speculate on what an older child might have done for work or, at the very least, their earning potential.
Juries tend to use work-life expectancy tables to calculate losses in wrongful death cases involving children, but overall, the awards tend to be small when they involve children.
When you lose a child, there is no greater loss. Your San Antonio attorney will work with you to fight for fair compensation through the legal system. While it’s difficult to put a value on a person’s life, good documentation and information about your child’s life can help a jury come up with a fair award.
The loss of your child leaves an irreparable void and inconsolable pain, but with financial support, you can work to make sure you live as comfortably as possible while you and your family grieve this tragic loss.