Wrongful death cases involving children and the elderly

On Behalf of | Jul 26, 2022 | Wrongful death |

When you lose a beloved Connecticut family member at the hands of another, you might have the right to file a wrongful lawsuit. These criteria apply when the victim is a child or old.

What is a wrongful death lawsuit?

A wrongful death lawsuit is a case that involves the death of a person that is usually caused by another’s negligence. The victim’s surviving family members have a right to recover damages in a lawsuit.

What happens when the victim is a child?

If a child is the victim of a wrongful death, the parents can file a lawsuit. However, unlike a claim involving the death of a parent or guardian, when a lawsuit involves the loss of a child, the damages are much smaller. The court will consider the following factors to determine potential compensation:

  • The child’s age, life expectancy and work expectancy.
  • The child’s earning potential
  • The relationship of the child to the person filing
  • The age and health of the person filing

Depending on the child’s age, it might be difficult to come to a monetary amount that’s sufficient for a wrongful death lawsuit. For example, if the child was very young at the time of death, it could be impossible to determine factors like their earning potential had they lived. However, if the child was a teenager, it might be easier to predict.

What happens if the victim is an elderly person?

When a wrongful death involves an elderly victim, it’s also challenging to determine the amount of compensation to be sought. This is because factors like potential earning capacity may not be relevant if the victim was retired. However, if the death stems from something like nursing home abuse, it might be easier to determine damages. If successful, a wrongful death case involving an elderly victim typically involves a small monetary amount for damages just like when the victim is a child.

Regardless of the victim’s age, wrongful death cases are emotionally devastating.