Frischhertz Poulliard Frischhertz & Impastato LLC

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What damages might be recovered in a child wrongful death case?

The death of a child is the sort of thing that no family in Orleans Parish should go through, but unfortunately, many do each year. If another party is legally responsible for the child's death, families may want to know whether it is possible to recover damages in a wrongful death lawsuit for the death of a child. The answer to this question depends of the specific circumstances of the case. But, there are some general rules that apply in this heartbreaking situation.

When a child dies as a result of negligence and the family's wrongful death claim is successful, the family may be entitled to recover their financial loss. Some factors that might be analyzed include the child's earning potential; the age, sex, state of health, life expectancy, work expectancy and habits of the child; the relationship of the child to the plaintiffs; and the age, health and circumstances of the plaintiffs.

It would be ideal if there were a scientific way to compute damages using all of these factors. However, the process of computing damages in a child wrongful death case is sometimes described as speculative. Some cases are easier than others. It is relatively easy to calculate damages when the victim is a 17-year-old high school student with good grades. If the victim is 10, there is less to go by and thus the process of computing damages is harder.

When a family loses a child, family members may be confused and distraught. They may be overwhelmed by emotion and by funeral planning and other tasks associated with an unexpected death. As for legal matters associated with the death, wrongful death attorneys have experience with helping family members in this situation.

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