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Wrongful death of child and elderly person viewed differently

When you lose a loved one to an accident that wasn't his or her fault, you may bring the culprit to court in order to receive recompense and justice. There is no way to really put a value on a human life, but judges and juries have this hard and unpleasant task put on them. The victim's earning potential is what is mostly examined.

Losing an elderly person or an infant or child is even more difficult because how do you measure the earning potential of a toddler or a grandparent who is now retired? There are certain principles that guide the court in making these types of decisions.

Losing a child means that you are losing a companion and someone that you love. The loss here is not measured solely by financial earning potential but by certain other criteria. The child's age and sex are considered, as are the life expectancy, the health of the child and the habits the little one has. Also, the court will consider the relationship that you had with this child. Another aspect is your health, your age and what circumstances you are in will all be taken into consideration.

Just in the same manner that the loss of a child may not bring you a large recompense, the death of an elderly person is much the same. There is a limited recovery that you can receive and this is because the elderly person may be past the age of retirement and not an earning member of society. Second, the children who are bringing the suit are usually adults who have earning potential themselves and don't need the support, guidance and nurturing as much as a younger child might.

Being aware of the laws of the state of Oklahoma as they pertain to claiming wrongful death in general is important. Knowing that your claim may be limited by the age of the individual who died is helpful information.

Source: FindLaw, "Wrongful death cases: children and the elderly," accessed Dec. 22, 2015

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