When Your Child Is Killed: Why Filing A Wrongful Death Personal Injury Lawsuit Is Your Right

No amount of money will ever replace the loss of a child—that much is clear. But when your child is killed because of the negligence of another party, you have the right to file a wrongful death personal injury lawsuit on their behalf. Such a lawsuit will cover any funeral or burial costs, any medical bills because of the accident, and future losses to be determined. While it may feel callous to file a personal injury lawsuit after losing a child, your recovery from the emotional upset the accident has caused may take many years. A settlement isn't going to make up for losing your child, but it will give you a bit of financial security during the grieving process.

Establishing Fault and Why It's Important

In order to file a personal injury lawsuit, fault for the accident has to be established. As long as the other party was found more at fault than you are, you can receive financial compensation for the wrongful death of your child. If the accident report does not establish clear fault, it is up to you to ensure the accident report is an accurate reflection of the accident. Your compensation will depend on your percentage of liability for the accident.

Wrongful Death Lawsuit Damages 

Like any personal injury lawsuit, a wrongful death lawsuit deals with two types of losses, pecuniary and non-pecuniary. Those losses that can be measured, such as medical bills, are called pecuniary losses. Non-pecuniary losses are difficult to measure, and can often be complex to those not familiar with the legal system. In a wrongful death claim, the following factors may be considered when looking at non-pecuniary losses:

  • How much the individual suffered before death, including pain from the accident.
  • Loss of value of the services from the person who has died. 
  • Loss of love and companionship that you would have received if your child hadn't died.

When you lose a child, your whole world will turn upside down. You will need to take time in order to heal enough to move forward with your life. While no money is going to make losing your child better, you will be able to deal with your own grief when you are able to take care of your basic financial needs through a personal injury settlement. If your child was taken from you too soon, it's time to contact a personal injury attorney who can help.