A car accident can leave a number of victims. If you are a driver in a car accident and you lose your child, this loss is going to be catastrophic. While you might not be thinking of a wrongful death case at this time, it can help you to receive compensation for your loss. You will need to show that you are not the person who has the majority of fault for the accident, and compensation will be based on both the actual losses, and the losses that are more difficult to measure. If you win the case, you receive compensation for things like medical or funeral expenses, as well as loss of companionship, pain and suffering and more.

If You Share Fault for the Accident

When you share some of the fault for an accident that causes the wrongful death of your child, you still have the ability to file a wrongful death claim. You must be less than 50% at fault, and you still have viable claim. Once you are awarded compensation, your total award will be reduced by the percentage of fault that you share. For example, if your total award was $100,000 and you were assigned 20% of the fault, your total award would be $80,000.

Pain and Suffering of the Deceased

The pain and suffering of the deceased before they pass away is considered as part of the overall compensation. If your child sustained serious injuries and was in the hospital suffering for a month before they died, this will be reflected in a higher amount of compensation. When the person causing the wrongful death was purposeful in their actions, the overall compensation may be even higher in order to punish the defendant even further. Your emotional anguish and loss of the love of your child are considered while coming up with a final amount.

Emotional Distress and Your Child

The emotional distress caused by losing a child is not undervalued in a wrongful death claim. The stress you encounter can last a lifetime, making it difficult for you to work and function from day to day. Emotional distress is another way the judge in your case can compensate you for your losses when your child is gone because of a wrongful death.

It's never going to be easy to file a wrongful death claim because you lose your child. To discuss your options, it's time to meet with an automobile accident attorney that can help you get on the right track with your claim before the statute of limitations runs out.