In wrongful death cases, the value of a person’s life to their family is measured by future earnings capacity, along with other factors. While it’s not pleasant to try to set a price on a human life, it’s legally necessary. Because of the price setting process, an elderly person’s or child’s death may raise certain difficulties. To assess the decedent’s financial value, courts follow procedures as outlined below.
Losing a Fetus
State laws vary on whether a victim can file a wrongful death claim if an unborn child dies. In most areas, a child must be born alive for their death to qualify for a claim. However, in other places, an unborn fetus’ death may be an actionable cause, as long as it was viable at the time of its death.
Losing a Child
When a wage earner dies, it’s simple for a wrongful death attorney in Waxahachie, TX to assess financial losses. However, the loss isn’t measured just by earnings but also by childcare services, nurturing, love and companionship the person provided. For instance, if a mother dies in an auto accident, her children can seek damages for the loss of her income, guidance, and care. However, when a child is lost, parents’ recovery is limited to financial losses which are determined by:
* The child’s work and life expectancy, age, gender, health, and habits
* Earning potential
* The child’s relationship to those filing the claim
* The age, health, and circumstances of those claiming financial losses
Many assessments are purely speculative, and the younger the child is, the harder it is to make an accurate estimate.
Loss of an Elder
In a similar way that a young person’s death would not result in a significant award, an elderly person’s death also comes with a limit on potential recovery. In most cases, it’s assumed that a person past retirement age doesn’t have much earning potential and can’t offer as much emotional and physical support to his or her children.
When someone wonders whether they can bring a claim for the death of a fetus, child or elderly person, they should consult a wrongful death attorney in Waxahachie, TX. A lawyer with Mallios & Associates PC can help the family estimate the damages to which they’re entitled. Call today or Browse the website for more details.