How Does the Court Value Wrongful Death Claims for the Loss of Children and the Elderly?

When a family suffers the death of a loved one in a wrongful death scenario they are often left blindsided by financial uncertainty. In a wrongful death action, the judge or jury measures the value of the victim’s life to surviving family members to reach a fair settlement; the victim’s lost earning potential is an important part of this calculation. But when a child or elderly person dies in a wrongful death case earning potential is not nearly as big a part of the calculation, if at all.

How does the court value wrongful death claims for the loss of children and the elderly?

Wrongful death of a child:

When a child dies the parents’ recovery is based on their financial loss, which is considerably smaller than the financial loss associated with a family breadwinner. Typically, courts award relatively small damage awards for the death of a child.

The court will evaluate the following financial losses in the wrongful death of a child:

• The sex, age and health status/life expectancy of the child.
• The child’s work expectancy and future earning potential (relevant to the support that the child might have provided to his or her parents in later life).
• The relationship of the child to family members claiming a pecuniary loss.
• The health, age, and life circumstances of family members claiming pecuniary losses.

Can a wrongful death action be brought for the loss of a fetus?

Laws on wrongful death actions for the loss of a fetus vary from state to state. Washington State’s wrongful death statute applies to unborn fetuses if it can be proved that the fetus was “viable”; that it was healthy and would have been born healthy but for the unfortunate death of the fetus.

Wrongful death of an Elderly Person:

Damage awards for the wrongful death of an elderly person are limited for the same reasons as cases involving the loss of a child. The reasons are that it is generally assumed that an elderly person past the typical retirement age doesn’t have substantial earning potential and that his or her children are usually adults who aren’t dependent on a parent’s income or nurturing.

Wrongful Death Attorney

The information in this post should not be substituted for legal advice. Please contact a local wrongful death attorney to discuss your legal rights and an estimate of the damages to which you are entitled.

The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other types of negligence. We seek justice for patients who have been harmed by preventable medical errors including birth injuries, hospital-acquired infections and wrongful death in Seattle and across Washington State. There are no fees or expenses to file a personal injury case as we only receive payment if we recover damages on your behalf. Do not delay; personal injury claims come with a Statute of Limitations, which means they must be filed within a certain time frame of the injury.

Call us now at (206) 752-4366 or contact us online to schedule a free consultation with one of our compassionate, experienced attorneys.