Wrongful Death Law Suit

Although these types of lawsuits are far more common regarding the death of an adult, a wrongful death law suit can be filed for the wrongful death of a child, as well. In most cases, the parents of the child would be the surviving family members to bring a wrongful death lawsuit against the person and/or entity that caused the child's death. However, the parents' recovery for the loss of their child is limited to their pecuniary, or financial loss, which typically is quite small, especially as compared to the pecuniary loss of a working adult. Pecuniary loss for child is based on a variety of factors, including the age, life expectancy, sex, health, earnings potential, familial circumstances, and the facts surrounding the child's parents and/or family. Since much of the pecuniary loss calculation is based on pure speculation, the younger the age of the child, the more difficult it is to really determine pecuniary loss. This necessarily results in a lower rate of recovery for a three-year-old child, as opposed to the death of a sixteen-year-old child who was an outstanding athlete and already had been accepted by an Ivy League college.

Fast Facts

  • Serious injuries from amusement park rides result in 5,000 people treated in emergency rooms each year.
  • In 1997, the families of Nicole Brown Simpson and Ronald Goldman were awarded a civil judgment for wrongful death against O.J. Simpson in the amount of $33.5 million.

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