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Wrongful Death- Elderly Individuals and Children
By: New York Wrongful Death Lawyer – New Jersey Wrongful Death Cases
There is no monetary value one can place on human life. Unfortunately, in wrongful death cases, damages are often primarily calculated based on financial loss. In many states, pursuing wrongful death claims for children and elderly individuals is hard due to the difficulties in quantifying their loss.
Elderly Victims
When an elderly individual becomes a victim of wrongful death, the family may be able to recover only a limited amount when taking legal action. This is because factors such as earning potential and financial support provided to others by the victim serve as the primary basis for calculating loss. Sadly, after a person reaches retirement age, they are presumed under the law to provide less contributions of support for their children or have no considerable potential to earn money or provide a service.
Child Victims
Children who are victims of wrongful death actions are viewed similarly to elderly persons in the eyes of the law. The pecuniary loss of a child is calculated by things such as age, relationship to claimants, earning potential, life expectancy, health, and other related issues. Because determining these elements is based on guesswork, it is difficult to calculate a recovery amount. Sometimes life expectancy tools are used to assist juries with calculations; yet, the amounts determined are typically relatively small. The issue of wrongful death actions for unborn children is something many have posed questions about. In several states, a child has to be born in order for their death to constitute wrongful death, and therefore legal action cannot be taken for a fetus. Some states do allow this type of action, depending on the circumstance.
A New York wrongful death attorney can help those with questions or concerns about a wrongful death claim in New York / New Jersey. We understand their rights under the laws of their state, and approximate what they might be entitled to in a personal injury claim.
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