In wrongful death cases, the value of a person's life can be calculated if that person worked and is an adult. If the person is an elderly person or child, wrongful death compensation may be difficult to calculate.Does that mean that losing your loved one is any less important? No, but figuring out how much you should receive in compensation for your loved one's death may be more difficult. While the loss of life is measured by earning potential and other factors, you still should receive fair compensation for your loss.
Wrongful Death Compensation for Loss of a Child
When losing a child, your recovery has to be based on financial loss. Unfortunately, that amount can be small. Things that are considered include earning potential, the relationship to you, the health, age, and circumstances of your child's death, and the life expectancy of your child.The younger your child is at the time of death, the harder it is to speculate. For example, if your child was 17 and working a full-time job outside school or enrolled in an early college program, you might be able to speculate on the child's career. That's not the case for a toddler.
Wrongful Death Compensation for Loss of an Elder
The same issues arise when the death of a loved one occurs when they're already retired or older. The older someone is, the less there is for that person to earn. He or she may not have high earning potential after retirement, and the life expectancy of that person may not have been very long to calculate a high reward.
If You Lose a Child or Elder and Someone May Be at Fault
If you have lost a child or elder family member, and someone else caused the death, you may be entitled to compensation.
Our personal injury attorneys will help you understand your case and discuss what compensation you may be able to recover.
Contact us at 212-869-3500 to schedule a consultation.