Call for a free consultation

Skyline

The complications of wrongful death actions, pt. 1

Wrongful death actions are brought by surviving loved ones or estates on behalf of the deceased. Wrongful death actions are difficult cases to bring. There are the raw emotions that are torn open every time the case is discussed. Additionally, wrongful death actions operate differently for children and elderly plaintiffs. This article will go over the differences for children.

The purpose of a wrongful death action is twofold. First, it attempts to allocate fault or blame for the passing. Second, it tries to place an economic value on that person's life. The first part operates similarly to any other lawsuit. But, the second part is very different.

Placing a value on a human life is not possible. There is no way to capture the potential value of a human life, especially a child's life. But, that is not feasible for the judicial system. Therefore, there are a series of rules to calculate lifetime earning potential. The court considers the following factors:

  • Their earning potential.
  • The age, sex, life and work expectancy of the deceased person.
  • The health habits and life habits.
  • The relationship of the deceased with those claiming the loss.
  • The court also considers the potential to bear children, love and nurture relationships.

Children bringing a wrongful death action for their parent can claim loss of companionship however parents cannot. This limits actions to recover for children to economic losses. For an adult, this calculation is relatively easy. The court has a wealth of information to draw these inferences, as stated above. Conversely, children have an incomplete education, are still developing and have no work history. The younger the child, the more the court must speculate.

If you were involved in a serious accident with family in the car, then you may want to contact an attorney. These cases, as discussed above, can become very complicated. No amount of money can replace the loss of a loved one. However, it does help ensure that your family has a steady source of income while you navigate this tragedy. An attorney may be able to help you get that money so you can focus on what is important: your health and the health of your family.

No Comments

Leave a comment
Comment Information
Question Mark

Do I Have A Case?

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

T.J. Smith I'm Your Lawyer

T.J. Smith... He'll Make 'Em Pay!
T.J. Smith... He'll Make 'Em Pay!

T.J. Smith, Attorney at Law
600 W Main Street Suite 100
Louisville, KY 40202


Phone: 502-792-7937
Phone: 502-589-2560
Phone: 270-261-4114
Fax: 502-540-1200

Louisville Law Office Map

  • The American Trial Lawyers Association - Top 100 Trial Lawyers
  • Multi-Million Dollar Advocates Forum
  • American Association for Justice
  • America's Most Honored Professionals
  • Kentucky Justice Association
  • Best of Louisville