Seattle attorney Chris Davis Discusses Damages for 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.

Can child negligence play a role in accidents and accident legal cases?

Washington’s law of comparative negligence means that the proportionate share of fault of all potential negligent parties must be considered, even if it involves the conduct of a child. This means a child can be held negligent and therefore wholly or partially responsible for the child’s injuries and damages. In Washington, the issue of the child’s degree of negligence may also be called “contributory negligence.” But there are certain limitations when it comes to accidents and injuries involving negligent children. First, the law in Washington is that children under the age of 6 years cannot be held negligent as a matter of law. The Washington State Supreme Court has decided that a child under age 6 does not have the mental capacity to be negligent. This means that anytime a child under 6 years of age has a legal claim for injuries caused by an accident, that child is deemed fault-free for purposes of deciding which parties negligently caused that child’s injuries.

Read this article to understand what role parental negligence and parental immunity may play in a child accident case.

Usually when a child has been injured in an accident, the conduct of the child’s parents is called into question. Typically the insurance company will try to argue that the child was injured in large part due to the parents’ failure to adequately supervise the child. But this argument often fails. This is because Washington has adopted what is called the Parental Immunity Doctrine. Under this doctrine, a negligent parent is immune from liability for injuries caused to the child unless the parent was acting outside his or her parental capacity, or if the child’s injuries were caused by a parent’s willful and wanton misconduct.

This article was written to help the family of fatal accidents know that they might have an action for wrongful death. It is also a warning of the pit falls that exist with hiring a big firm to handle your wrongful death claim.

If a loved one dies due to the negligence or misconduct of another then you may be entitled to bring an action for wrongful death.

An action for wrongful death lies with the heirs of the deceased. Most states have a civil “wrongful death statute, which establishes the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent’s death can be brought by the personal representative of the deceased.

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