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How does a victim's age impact a wrongful death lawsuit?

The loss of a loved one because of a tragic accident or an intentional act by someone is something that is very difficult to live with. When the person who was killed is a child or an elderly person, the tragedy often seems magnified. Some people who lose a child or an elderly family member to a tragedy that was someone else's fault might choose to seek compensation through a wrongful death lawsuit. There are some points to consider if you are thinking about a wrongful death lawsuit for an elderly person or child.

What considerations are factored in for elderly victims?

A wrongful death case involving an elderly person is likely to have a limited potential for recovery. This is because the elderly victim's children are likely adults, so they don't need the elderly person to rear them any longer. The elderly person likely isn't working to produce an income, which limits the income loss.

What considerations are factored in for child victims?

Just like an elderly victim's wrongful death lawsuit is likely to result in only a limited recovery, the same is true when a child is killed. In the case of a child, the recovery is often only equal to the parent's financial loss because of the death. Determining the amount of that loss can be complex.

If you lost an elderly loved one or a child because of someone else's actions, you might wonder if a wrongful death lawsuit is an option. Getting the information you need to make your choice is vital so you can feel comfortable with your decision.

Source: FindLaw, "Wrongful Death Cases: Children and the Elderly," accessed Oct. 22, 2015

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