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- Joseph Lugo
Regardless of the age of your lost loved one, suffering a death in a family can be devastating. The law, in an attempt to fairly address the loss of your loved, one looks at a number of factors in determining the value of a wrongful death case. One of those factors is the age of the person who has passed away. Age is an important consideration in a wrongful death case because one of the factors courts look at when evaluating cases is the economic impact a person had on their family, including the wages they earned.
Wrongful Death Cases Involving Children
When children die as a result of an accident or medical malpractice, evaluating the value of a wrongful death claim can be difficult.
When an unborn child dies as a result of an accident or injury involving the mother, the law will often look at whether or not the child could have survived outside the protective environment of the mother’s womb. If the child would have survived outside of his or her mother’s womb, the parents may be able to bring a wrongful death claim.
When a minor child (someone under the age of 18) dies, income is not often an appropriate consideration because, most minors do not work and if they do, they are only earning a small amount while they attend high school and prepare for college. The courts will look at different ways the child contributed to the lives of his or her parents when determining the appropriate economic compensation for the parents.
When an adult child dies, the deceased person’s parents may be able to bring a wrongful death claim. The courts will look at whether or not the adult child was married at the time of their death and whether or not they were providing economic support for their parents. Often, an adult child’s spouse or children may be in a better position than the parents to bring a wrongful death claim.
Wrongful Death Cases Involving the Elderly
Wrongful death claims regarding elderly individuals can be brought by the deceased person’s spouse, children, grandchildren or other relatives. In making a financial award the courts will look at the economic impact the elderly person had on the lives of the people bringing the wrongful death claim. This evaluation can include looking at pension benefits, life insurance policies and the companionship the elderly person provided to the individuals brining the claim.
Hiring a Wrongful Death Attorney
Because wrongful death cases involve complicated laws and extremely sensitive personal situations, you want an attorney who understands the law and has experience handling wrongful death cases involving young and old people. At the Perecman Firm, P.L.L.C. we represent New York families in wrongful death cases and offer free consultations. Call us today to discuss the specifics of your case.