Death of the Elderly, Children, or Unborn Children

Courts and juries are obligated to determine a price on human life in wrongful death cases. The death of children and the elderly complicate the resolution of financial compensation for a jury. Due to the variations in ages, potentials and more, assistance from a knowledgeable wrongful death attorney will assist in estimating the damages that may be received when bringing a wrongful death action based on the death of a child or an elderly person.

Elderly.

The death of an elderly person has limited recovery potential and modest awards. Two main reasons apply in this situation. The first is that their earning potential is not considered to be significant; their children are usually adults with their own means of income. The other reason is that since their children are adults, they are not in as much need of emotional support and guidance from their parents as young children would be.

Children.

The wrongful death of a child conveys even more factors in determining an adequate damage award than an adult. The jury has to review the child's age, sex, and health status as well as their habits and earning potential. Juries also see the relationship a child had with the parents or guardians as well as the health and circumstances of the parents or guardians when determining pecuniary (financial) loss. Other items the jury need to consider is the potential for contributing to the parents' support and how long they may have lived until a natural death. All of these factors confound the issues in a jury's determination even more so with extremely young children. Some speculation is required, yet the courts have varying rules in determining awards. Deciphering these rules is time consuming and qualified wrongful death attorneys have already done this to better assist their clients.

Unborn Children.

Many call unborn children fetuses. Expectant parents are usually looking forward to the new addition, craving the joy of taking care of their child. Many laws do not consider a "fetus" a human being until it takes it first breath, and wrongful death may not occur before this. When the death of an unborn child may be a wrongful death, seeking the advice of a wrongful death lawyer to seek out the laws in the state you are in is advisable.

Back to Top

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

Copyright © MMVII JAKOBIE

If you would like to schedule a free initial consultation contact an Iowa wrongful death attorney representing clients in Dubuque, Iowa contact the Walker & Billingsley. Give us a call at (641) 792-3595 or email us at Info@walklaw.com.

WRONGFUL DEATH
_____________________________________

I. General Information Wrongful Death
   What to do if there is a possibility of a       wrongful death
   When questions arise about a death
   The Discovery Rule and Time Limitations

II. Wrongful Death Categories
   Medical Malpractice
   Transportation Accidents
   Occupational
   Other

III. Compensation
   Medical Charges / Funeral Expenses
   Loss of Wages
   Loss of Support
   Loss of Parental Guidance
   Loss of Potential Inheritance
   Punitive Damages
   Multiple Defendants
   Jury Adjustments
   Other Reductions

IV. Death of the Elderly, Children, or
      Unborn   
   Elderly
   Children
   Unborn Children

V. Expert Testimony

VI. Why Hire a Wrongful Death Lawyer-
    How  Do I Choose The Best One For
    Me? 

VII. Frequently Asked Questions

Contact a  Iowa wrongful death lawyer representing clients in Dubuque, Iowa today to schedule your free initial consultation.

The wrongful death claims and settlement attorneys at the Walker & Billingsley Law Firm are dedicated to serve their clients in central Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Newton, Adel, Pella, Knoxville, Montezuma, Indianola and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Jasper , Marion, Poweshiek, Dallas, Warren, and Des Moines counties.  However, our Iowa lawyers represent clients throughout the state.