When a child dies because of someone’s negligence, parents often want to file wrongful death claims. The only question is what they can sue for.

The Damages in a Wrongful Death Case Involving a Child

Most parents would agree that the loss of a child is the most devastating thing that could ever happen to them. What could make this horrible situation even worse, however, is if the child’s death was caused by someone’s negligence.

Car accidents, surgical errors, or even medication mistakes can all tragically cause a child’s death and can all lead to a wrongful death lawsuit. When an adult dies as the result of negligence, determining the damages in a wrongful death claim are more concrete. For instance, family members of adult victims are able to seek compensation for future financial losses, as well the loss of future guidance and nurturing.

What Parents Can Sue for in Child Wrongful Death Cases

Putting a price on a child’s loss of life is impossible; however, in a wrongful death case it must be done. Courts typically speculate how much the child would earn over the course of his life, and then determine what the accurate compensation for that is. It is easier to determine what an 18-year-old would make in life, taking into consideration his schooling and work experience, than what a younger child is capable of.  As a result, parents of older children often receive more than those with younger children. Here we discuss what the court looks at when determining reasonable compensation amounts:

  • The child’s earning potential
  • The health, age, and circumstances of those seeking compensation
  • The age, sex, state of health, life and work expectancy, and habits of the child
  • The relationship of the deceased child to those making the claim

We Want to Help During This Difficult Time

Parents should never have to experience the death of a child, but when it happens, they have rights. The Andrew Kim Law Firm has helped residents all over the Seattle area seek compensation in wrongful death claims, and may be able to help you, too. Contact us today to set up your free consultation.