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Damages for Wrongful Death of a Child - Part #1

statute of limitations washington stateStatute Of Limitations

The Statute of Limitations (SOL) is a law that sets a strict limit on the amount of time that an accident victim has to file a legal claim or action in order to recover financial compensation for their injuries, lost wages, medical bills, etc. 

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 various 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 necessarily caused by the child's death, like the expense of reasonable and necessary psychological treatment, counseling and medication.  Oftentimes it will be prudent 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.

Wrongful Death of Adult Child The specific statute that permits an action for the wrongful death of a child applies only to minor children (under the age of 18).  If the child is 18 years or older, a different statute applies.  In the case of the wrongful death of an adult, Washington has created two tiers of beneficiaries who may recover damages.  In the first tier, the wrongful death action is brought for the benefit of a surviving spouse and/or children.  In the second tier, the action is brought on behalf of a surviving parent or sibling who may be dependent on the deceased for support.   Thus, a parent can only recover for the wrongful death of an adult child if that parent was dependent on that child for support.