How do you measure the pain and suffering associated with the wrongful death a child?
When a child dies as a result of the negligence or carelessness of another person business or government entity, a parent often faces many challenges and issues. When a death results from carelessness, recklessness, or even the intentional acts of others, the parent should seek the advice consultation legal representation from a Florida Child Injury Lawyer to pursue compensation for the damages associated with the wrongful death of a child. Often times, a question that is often posed to me as a Florida Child Injury Lawyer is as follows: How are damages measured or calculated for a parent who suffers the loss of a child due to the fault or negligence of others? In a way, you can never really measure or know the loss of a parent who suffers the loss of a child. This is not the legal answer to the question but more of a practical and moral one. When a child dies before a parent, it is unnatural and not something that is expected or even imagined. This is especially true when the child is young and was otherwise healthy and vibrant prior to the tragic incident or accident. While the damages and loss to a parent are something that can never been planned for or even imagined prior to the tragic event, Florida law does set forth some standards and guidelines for the measure of a parent’s damages when a child dies as a result of the fault or negligence of others. The following factors may be considered by a judge or jury deciding the award of damages in a Florida Wrongful Death case:
*Relationship between the child and parent;
*Quantity of time spent between the child and parent during the child’s lifetime;
*Quality of time spent between the child and parent during the child’s lifetime;
*Life expectancy of the child;
*Life expectancy of the parent;
*Emotional loss experienced by the parent from the time of the death through trial; and
*Emotional loss experienced by the parent expected in the future.
There are many other factors that may be considered as well. Each Florida Wrongful Death case must be evaluated on its own facts and circumstances. Because of the complexities of Florida law and especially Florida Wrongful Death cases, it is important for parents to see advice, counsel, and legal representation when considering, evaluating, and pursuing a case for the negligent or wrongful death of a child.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Automobile Accidents, Day Care Center Injuries, School Injuries, Medical Treatment / Medical Bills, and other topics. Get this book for free at The ABCs of Child Injury.