Wrongful Death Damages for Children and the Unborn

In a typical wrongful death suit involving an adult, the damages awarded are largely determined by the income of the victim and their expected future earnings. However, compensation awarded in wrongful death cases involving children is often far lower than those involving a working adult.

Nothing is more devastating than experiencing the death of a child. You should not have to worry about navigating the legal system while grieving. A wrongful death lawyer can provide legal advice and guide you through the complex steps of filing a wrongful death lawsuit.

Wrongful Death Cases Involving Children

Calculating the economic damages in wrongful death cases involving children is a subjective process. Lawyers and courts can establish an adult’s earning potential by reviewing tax returns and career trajectories. But this is far more difficult for a child.

Unintentional injuries (accidents) remain the leading cause of death for children in the United States. Some of the most common situations leading to wrongful death claims for children and unborn children include the following:

• Medical malpractice
• Auto accidents
• Pedestrian accidents
• Falls
• Product defects
• Firearm accidents
• Drowning
• Toxic substance exposure
• Fires

Types of Wrongful Death Damages for Children

Following a child’s death, parents are often left with funeral expenses, medical bills, other health care costs, and profound emotional distress.

Although financial compensation can never ease the pain and suffering you may feel, it can bring financial relief and a sense of justice.

Each case is unique. Economic damages for the death of a child can be clearly valued and include the following:

• Medical expenses
• Burial and funeral costs
• Loss of benefits

Non-economic damages can provide compensation for losses that cannot be easily valued. Examples include the loss of a child’s:

• Love and affection
• Companionship
• Moral support

Non-economic damages for the loss of a child can be substantial. The amount you can seek varies, however, factors that can influence the award include:

• The child’s age, gender, and health status
• The child’s lifestyle and habits
• The relationship between the plaintiff and the child

Calculating the value of a wrongful death claim for the life of a teenager becomes a bit easier. By the time a child is this age, there is more clarity on their projected earning capacity.

Compensation for the Unborn in Wrongful Death Cases

There is no uniform law across the U.S. regarding whether someone can sue for wrongful death for the loss of an unborn child.

In some states, the death of an unborn fetus is not a valid justification for taking legal action. About two-thirds of the states grant a cause of action for the wrongful death of an unborn child.

Viability of an Unborn Baby

When a wrongful death law allows such a claim, state laws are highly variable. For example, most states require the fetus to reach a certain stage of development before you can file a lawsuit.

These laws, however, are not in agreement as to when a fetus becomes a “child” for purposes of a wrongful death claim. Some states use the point of “viability,” when a fetus could survive birth. The medical consensus is that fetal viability does not occur before 24 weeks of pregnancy.

A minority of states allow a cause of action for the wrongful death of a fetus at the point the mother can feel the fetus moving in her womb, which is earlier than the point of viability.

Punitive Damages

A jury may also award punitive damages in the case of gross negligence or a malicious act. Punitive damages seek to punish negligent individuals and deter others.

However, some states do not allow punitive damages in these cases. For example, California law does not allow punitive damages in wrongful death claims.

In recent years, some state courts have considered the amount awarded in compensatory damages when assessing punitive damages. The U.S. Supreme Court has yet to establish a firm set of guidelines. Punitive damages could be a factor in several wrongful death scenarios, such as:

• Children killed in car accidents caused by drunk drivers
• Children who were denied medical treatment
• Accidents caused by known hazards or defective safety equipment

Courts generally allow punitive damages when state law does not contain a strict allowance or ban on them.

Legal Support for Families

An experienced wrongful death attorney is critical in any wrongful death action. This is especially the case when pursuing compensation for wrongful acts against children or the unborn. Proving that you have a case and what the damages are can be challenging. Your lawyer can explain your legal rights and whether you will likely recover compensation.

Your attorney will represent your interests with skill and compassion as they seek to recover the maximum compensation available. Don’t navigate the legal process alone. Most personal injury lawyers who focus on wrongful death cases offer free case evaluations. Get in touch with a lawyer today.