When a child is accidentally killed in Ohio, his or her parents suffer an indescribable loss. The grieving process may take many months or even years. When the accident and subsequent death is caused by someone else's negligence, the parents may wish to seek justice. While the criminal system may be able to help with that aspect, many may have an additional question: Can I seek compensation through a wrongful death lawsuit?
In many cases, yes. Whether the child dies due to a car accident, fall, gunshot wound, defective product or any other tragedy, if someone else is responsible for the death, then a civil claim can be filed. This is true whether or not the person is facing criminal charges. However, it is important to understand that the judge and jury face the daunting task of putting a price on a human life. This is especially difficult to do for a young child - someone who has no job or family to support.
While a wrongful death suit can be filed, a deceased's child's parents should not expect a multi-million dollar payday. Parents must file the claim based on their financial loss, which is limited considering that children typically do not contribute financially to a family. The court must therefore estimate how much the child would have contributed had he or she lived a full life. Using life expectancy tables and their own knowledge, judges award damages based on the child's gender, age, life expectancy, academic potential and probable career path.
While it is much easier to award damages when an adult dies, a child's death can still garner financial compensation. Above all, a civil suit allows a grieving family to gain closure to such an unexpected and tragic situation.
Source: FindLaw, "Wrongful Death Cases: Children and the Elderly," accessed Sept. 6, 2014
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