Dealing With the Wrongful Death of a Child

Posted on behalf of Henness & Haight on Sep 03, 2015 in Wrongful Death News

There is absolutely nothing in this world worse than losing a child. Words cannot express the kind of pain, suffering, loss, anger, and sadness associated with this experience. Those responsible for the child's death should be held liable. Sometimes this means criminal charges; other times it means a personal injury suit to recover financial damages. There are unique factors that come into play when determining compensation for a child's loss, and it is vital to have a Nevada personal injury attorney in your corner when you pursue a wrongful death of a child suit.

Assessing Loss

There's no way to quantify the pain and suffering you face the loss of a child. When an adult dies, the loss is measured in terms of earnings potential, opportunity, and other factors. With a child, financial earnings don't always come into play, and the loss can be difficult to measure. Generally, the factors that come into play upon the death of a child will involve:  

  • Age
  • Gender
  • Life expectancy
  • Health at the time of death
  • Work and earnings potential
  • Loss of companionship and relationship
  • Your own health, age and life circumstances

 

Speculative Losses

Many of the factors that come into play when a child is lost are speculative. It's hard to estimate the earning potential of a toddler, for example. The younger the child, the more difficult it is. This is why it is so important to have a personal injury lawyer in your case. Each of the factors above is difficult to prove, and often the courts will advise the jury against speculation. It is important to have someone in your corner with a strong knowledge and history of case law. Avoiding speculation means being able to prove that other cases in the past have received similar awards to that which you are pursuing. A good attorney will have a powerhouse research team to do just that.  

Insurance Companies

In many cases, insurance companies come into play in personal injury cases. These companies are businesses out to make a profit, and they cannot do that by paying out large sums of money. What this means is that they will try to intimidate, bully, and smear your reputation to get away with paying as little as possible. Only a qualified personal injury attorney has the experience and expertise to challenge insurance company strong-arm tactics. Your lawyer will know exactly how to present your case to the jury so that they understand the depth of your loss and the range of compensation to which you are entitled. Through the use of case precedent and a demonstration of the physical effects the loss has had on your life, your attorney will fight to get you the compensation you deserve. Have you lost a child in a tragic accident caused by the deliberate or negligent act of another? If you are in the Las Vegas area, we may be able to help. Our team of experienced wrongful death lawyers in Las Vegas has been through this process before and while nothing can replace your loss we will ensure that loss is not compounded by the actions of a greedy insurance company.