Care of a child damages in wrongful death lawsuit | Bart Durham Injury Law

Care of a child damages in wrongful death lawsuit

Wrongful death lawsuits are typically filed by the loved ones of a person who died due to an accident, injury, illness or other cause. Most wrongful death lawsuits help surviving family members continue to live even though they have lost a loved one who might have provided financially for the family. One type of damage awarded more commonly of late is called care of a child.

Not too long ago courts would not recognize, or issue damages for, a victim in a wrongful death case who was a stay-at-home parent. The reason behind this was that the surviving spouse or parent was the breadwinner. But, courts have since moved in a different direction with this type of wrongful death damage.

Courts realize that the death of a homemaker or stay-at-home parent can be just as financially burdensome as the death of the financial provider for the family. Stay-at-home parents help couples save money on daily childcare and keep the house operating smoothly without the help of outside forces such as a maid, cleaning crew or live-in nanny.

When deciding the damages to be awarded for care of a child the court will take the following factors into consideration:

- Cost of housekeeping

- Cost of childcare

- Any other additional home services the family will need to acquire due to the loved one's death

In a wrongful death case involving a parent-child relationship, the child could be issued damages along with the surviving parent. For example, the child could be issued damages for the lost benefits of the parental relationship since the person's death. This includes any support or comfort needed for the child, such as therapy.

Should both of the child's parents die due to wrongful death, he or she most likely would be able to acquire damages for losing the relationship with both parents as well as other damages.

Visit our site today to learn more about care of a child damages in a wrongful death lawsuit in Nashville, Tennessee.

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