The loss of a child is an incredibly heartbreaking event to experience, especially as a parent. When anyone, adult or child, dies due to the negligence of another person, it is called wrongful death. When children are the victims of wrongful death cases, factors change in comparison to when adults are victims.

Wrongful Death Factors

The factor that weighs heaviest in a wrongful death claim when an adult passes away is the financial loss of earnings or earning potential. Additionally, surviving children may pursue claims for loss of love and companionship. When children pass away, claims may be limited to financial loss of future earnings. For both adults and children, claims may be pursued for medical bills related to injuries received in the wrongful death accident. Alaska courts have various methods to apply in wrongful death situations because establishing the value of a human life is a tedious task.

Factors For Children

The deceased child’s potential to earn an income is the main consideration. Factors affecting the claim include the child’s life expectancy, sex, age, work expectancy, level of health, and habits. The nature and the circumstances of the child’s death may also be a factor.

All factors and issues are subject to interpretation by the Court. A high school student receiving straight A’s and about to graduate might have a clearer earning potential in comparison to an 8-year-old many years away from working. Because it is difficult to provide definitive guidelines for wrongful death claims, it is important to analyze each case individually. An personal injury attorney can analyze cases on a factual basis and provide additional information.

The Merdes Law Firm has been helping injured Alaskans for more than 30 years. It’s who we are. And while we hope you never need us … We’re here if you do. ~ Ward Merdes

Source: FindLaw, “Wrongful Death Cases: Children and the Elderly“