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Wrongful death lawsuits and the loss of a child


Car accidents are common throughout the Knoxville area and Tennessee as a whole. Sometimes, these wrecks are purely accidental, but many times someone is at fault. When the wreck leaves an individual dead, that victim's family may be left with significant harm, both emotional and financial. Fatal accidents that are caused by a negligent driver may give rise to a wrongful death lawsuit, whereby the victim's family can attempt to recover compensation for those losses.

Calculating a surviving family's damages can be complicated. This is especially true when a child dies in the crash. Whereas the passing of an adult can give rise to calculations of lost wages, a child has no such income. This can make damage calculations difficult. Yet, with the help of an experienced attorney, surviving families may be able to make significant legal arguments.

Financial losses as they relate to the death of a child can focus on many elements. Amongst those may be the child's age, health, work expectancy, earning potential, relationship to those claiming financial losses, and the health and circumstances surrounding those claiming financial losses. Applying a financial value to these elements is often speculative, but work-life expectancy tables may be able to assist juries in coming to a relatively reasonable conclusion.

However, in order to recover those losses, the surviving family must win its wrongful death lawsuit. This means that the negligence of another must have caused the accident, and the accident must have caused the victim's death. Attempting to satisfactorily prove this can give rise to many legal issues, which is why a surviving family should educate itself about the law and how it might apply to its specific case.

Source: FindLaw, "Wrongful Death Cases: Children and the Elderly," accessed on Oct. 30, 2015

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