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Wrongful Death Cases: Children & Elderly Victims

Leading Wrongful Death Lawyers in Los Angeles

Losing a loved one is a difficult ordeal under any circumstances. Even more so if their death could have been prevented. While you mourn the loss of your loved one, the last thing on your mind might be retaining a bodily injury lawyer in Los Angeles and filing a lawsuit. No amount may offer you solace, which is why it can be difficult to take legal action on your own. In a wrongful death case, the court measures victims on their earning potential or quality of life to establish an appropriate settlement.

The court is legally required to set a price on a victim’s life, but it is one of many unpleasant ordeals that your attorney can help you with. Children or elderly persons are not measured in the same way. It is difficult to assess victims of their demographic for future financial contributions. To establish a financial value of death, the court follows a set guideline. Read on to learn more about the process.

Losing A Child

Wrongful death is not just measured by financial earnings. Adult victims of wrongful death are assessed by their parenting, ability to nurture, and companionship to a spouse or partner to name a few. For instance, when a mother dies in a train accident, her child may want to recover damages for the loss of income, and damages without a compensatory value. He or she also loses their mother’s love, care, and guidance.

When a child dies, parents do not have a range of damages to recover from for financial loss. Because the recovery is quite small, it is best to converse with a death lawyer in Los Angeles to make the most of your case. Financial loss is decided based on:

  • The age, gender, state of health, habits, life, and work expectancy
  • Earning potential
  • Relationship to those claiming a pecuniary loss
  • The health, age, and circumstances of claimers

Pecuniary losses are measured in money, upon proof showing that you have paid an expense or expect forthcoming expenses.

The court assesses based on speculation. The younger a child is, the harder it will be to come to a decision. For instance, it may be easier to predict the earning potential of an 18-year-old who is enrolled in an ivy league compared to a 10-year-old. Depending on how a wrongful death suit lawyer presents your case the jury may be able to offer judgment on what the child would have contributed. It is highly unlikely that it will be applicable, but any assistance can help your case.

Losing a Fetus

Losing your fetus in an accidental death is a heartbreaking occurrence. Each state has a particular approach to what qualifies as a wrongful death case. Some states require that the child must be born to qualify. Whereas other states consider the death of a fetus permits legal action.

In California, the law states that an unborn child is not considered a living person until birth. Therefore, a wrongful death claim cannot be filed to recover for damages. Although, victims can still hold negligent parties accountable through another personal injury claim. For instance, if a pregnant woman gets injured in a T-bone car crash and her fetus is injured there are a couple of things that can happen.

A death lawyer in LA may recommend pursuing a car accident claim to hold the negligent driver accountable unless the crash forces the woman to go into labor. If she delivers an injured baby that passes shortly after birth, she can file a wrongful death claim. The law does not specify how long the child must be alive. If you have proof of life your family can sue.

Losing an Elderly Family Member

Whether it was a slip and fall accident, car accident, or workplace injury, the elderly are susceptible to fatal injuries. According to the CDC, falls are the leading case of injury-related deaths in elderly victims. In the U.S. there are 64 deaths per 100,000 older adults. Unfortunately, the court assesses an elderly wrongful death claim as they would for a child.

Elderly victims have limited recovery potential, which makes it harder for loved ones to pursue damages. In court, victims of a certain age no longer have substantial earning potential. Unlike a child, children of elderly victims may not depend on damages without compensatory value like nurturing or support as they once did. Unfortunately, these cases are highly undervalued. With extensive litigation against defendants responsible for his/her loss, a LA injury lawyer may reach a maximum settlement.

What Damages Can Be Recovered?

Generally, wrongful death damages are intended to compensate family members for their loss whether big or small. Whether it was an economic or non-economic loss you can negotiate for the following:


  • Financial support the victim would have contributed to the family
  • Services that would have been provided
  • Funeral and burial expenses


  • Companionship
  • Protection
  • Moral support
  • Guidance
  • Affection

Get Legal Help

Pursuing legal advice from a personal injury attorney will ease the stress and worries associated with wrongful death suits. Given how complex children and elderly wrongful death suits are, it is best to have an attorney estimate the damages before you go to court.

Wrongful Death Lawyer from Grey Law

“When it comes to getting you more, I won’t settle for less.” – David Grey

When you or a loved one are injured due to negligence, carelessness, or wrongful acts of another person, David Grey is ready to help. Seeking compensation or negotiating with insurance companies can be stressful, especially while recovering. Let us do that for you. Our Los Angeles personal injury lawyers are well-versed in several practice areas:

  • Traffic Accidents
  • Premises Accidents
  • Personal Injuries
  • Product Liability
  • Nursing Home Abuse

Why do you need a lawyer for accident compensation? With thousands of lawyers in California, we understand it can be difficult to choose the right legal representation. We have 35+ years of experience and secured millions for our clients. From the time you retain our firm, we build your case. For a free case evaluation and consultation, reach out to us at (323) 857-9500 or email

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