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Article: Obtaining justice when a child dies; representing a family in a child death case can be a gut-wrenching experience. Tap into your own empathy and that of jurors to ensure that your clients get full and fair compensation for their loss.
- Article from:
- Trial
- Article date:
- September 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Few cases present as many problems but reap as many rewards as those involving the death of a child. It may be difficult to get special damages because children often have no wage loss. If death was sudden, medical expenses may be minimal. State law may cap damages or limit recovery to the value of the loss of the child's relationship (as opposed to the child's pain and suffering and the surviving family's grief).
These cases are very difficult on a personal level because the death of a child evokes strong emotions. It defies our ingrained understanding of the natural order of life: We are not supposed to outlive our children. Our identifies are tied to our ...