What are the damages for the wrongful death of a child?
On July 30 around 2:30 p.m. a car crash on Interstate 805 killed 1 child and left two other children and one adult hospitalized. The collison involved a pickup truck and a minivan according to authorities. Due to extensive damage, the roof of the minivan had to be removed by San Diego fire crews to extract the victims. The child unfortunately died at the scene.
It’s a tragedy any time a child dies. The death of a child is undoubtedly one of the absolute most horrendous moments in a parent’s life.
In the event that an accident occurred in which the child died and somebody else was at fault, then it is considered a “wrongful death” cases.
In “wrongful death” cases involving minors (those under the age of 18) parents or legal guardians can sue the party at fault for damages.
What are damages to the parents?
Damages attempt to measure, in financial terms, the extent or harm a plaintiff (the person bringing suit) has suffered because of the defendant’s (the person being sued) actions. Damages are usually directly awarded to somebody injured as a result of another person. However, in the case of a wrongful death of a child, damages go to the parents. If there are no parents, siblings or grandparents may be eligible.
Damages can be assessed for parents’ loss of love, companionship, affection, comfort, solace, moral support, and protection that the child could have been expected to give throughout the parent’s expected life. Parents do not receive damages for grief, sorrow, or the deceased’s pre death pain and suffering. Damages vary from case to case depending on such factors as a child’s age, disposition to be kindly and affectionate, and wether there are other children in the family etc.
How do you assign a dollar figure for the loss of a living, breathing, mischievous, laughing, playful, and joyful young child? These cases are difficult on all fronts. If you, a friend, or a family member has suffered such a loss please feel free to contact Keith J. Stone for support and advice.
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Keith J. Stone also handles cases originating elsewhere in California and across the USA.