Can a parent collect damages (financial compensation) for the wrongful death of a child?
A:
Can a parent collect damages (financial compensation) for the wrongful death of a child?
The damages recoverable for the wrongful death of a child include medical, hospital and medication expense, and the loss of consortium (love, companionship, services and support) that the child provided to the parents. The parents are also entitled to recover damages for the loss of financial support that the parents received from the child, and up to the time when the child reaches the age of majority. To recover lost financial support, the parents will usually have to show a history of receiving support from the child before that child’s death.
The parents may also recover damages for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship. The actual amount recoverable will depend on the facts of each individual case, but will often depend on factors like the age, health, and capacity of the child and the situation of the surviving parents.
Damages for the loss of love and companionship of the child and for injury to or destruction of the parent-child relationship may also encompass recovery for the parents’ own grief, mental anguish, or suffering caused by the death of their child. These damages may also be reflected in each parent’s need for individual expenses caused by the child’s death, like the expense of reasonable and necessary psychological treatment, counseling, and medication. Often times, it will be important to present expert psychiatric or psychological testimony to support the parent’s claim for these damages.
Damages may also be recovered for the parents’ loss of companionship, including the loss of mutual society and protection of the deceased child in an amount that is fair and equitable under the circumstances.
Vehicle Accidents
Wrongful Death
Child Injuries
Medical Malpractice
Catastrophic Injuries
Dog Bites
