Nobody ever expects to lose a loved one in an accident. When somebody’s life is taken too soon, you may wonder where to turn. This is especially true if the person whose life was taken was a child. When your child has been killed in an accident involving a negligent driver, you may wonder how you can bring a claim for compensation in your time of need. You may want to spend this time grieving and that’s okay – but we want to be there for you when it’s time to move forward with a case and get the most on behalf of your child.
The Elements of a Wrongful Death Claim
In any wrongful death claim, you will see 4 different elements. These include the following:
Negligence: The death of the loved one happened due to the reckless, careless, or negligent actions of the liable party.
Breach: A duty of care was owed to the victim, but the defendant breached this duty. For example, drivers have a duty to drive safely and reasonably. If they were speeding and an accident resulted in death, this would be seen as a breach of duty.
Causation: As the plaintiff, you must be able to show how the defendant’s actions caused the death of your loved one.
Damages: Damages must have resulted from the accident, such as hospitalization costs, funeral expenses, loss of income, and more.
Difficulties in Child Wrongful Death Cases
When a loved one dies, it is sometimes easy to come up with a number on how much you have lost due to their passing. For instance, if you lose your spouse, you know how much income they make and how much of an impact their death now has on your family. This may not be as easy to calculate when you are bringing a case on behalf of a child. It may seem impossible to put a number on this type of death, and you may wonder how you can account for damages.
The court sees it this way: The younger the child, the more difficult it is to put a price on their passing. This is because the child has not sustained gainful employment by this time in many cases, so the financial losses are nonexistent there. Some of the factors that can be determined include the child’s life and work expectancies, earning potential if possible, relationship to those claiming losses, health and age relating to the losses, and more.
No matter what, these cases are never easy because the emotions are high. Nobody ever expects to lose a child but, if somebody’s negligence has taken your child from you, you have a right to bring a claim and we want to help you every step of the way. At JD Haas & Associates, your case is important to us. Call us as soon as possible to talk about the details at 952-345-1025.